CSA 175/09 Mohan Lal and another Vs. Habiburrehaman and others (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.175/2009 Mohan Lal and another Vs. Habiburrehaman and others Date of Judgment :: 12th August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Prahlad Sharma, for appellants. Mr. Sandeep Jain, for respondents. ....... By the Court :- This is second appeal by the appellant-tenants against the concurrent judgment and decree of eviction. 2. Learned counsel for the appellants does not press this appeal on merits and prays for reasonable time for handing over the vacant possession of the suit shop to the respondent-landlords. 3. During the course of arguments, counsel for the parties have agreed for granting time to the appellant- tenants upto 31/8/2012 for vacation of the suit shop and it has been further agreed that from 1/9/2009 the appellant-tenants shall pay Rs.1100/- per month for use and occupation of the suit shop till vacant is handed over. 4. With consent of learned counsel for the parties, CSA 175/09 Mohan Lal and another Vs. Habiburrehaman and others (2) this appeal along with stay application is dismissed with the order as follows :- (i) The appellants shall hand over the vacant possession of the suit shop to the plaintiff-respondent-landlords on or before 31/8/2012; (ii) The appellants shall pay the arrears of rent, if any, within one month from today and shall further pay/deposit Rs.1100/- per month from 1/9/2009 to the respondent-plaintiff- landlords for the use and occupation by 15th of every month till vacant possession of the suit shop is handed over. Three defaults in making the payment of the monthly amount shall make the respondent-plaintiff-landlords entitle to get the suit shop vacated. (iii) The appellants shall not create any third party interest in the suit shop; (iv) The appellants shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month. 5. In case the appellants fail to comply with any of the above term and condition, the plaintiff-respondent- landlords would have a right to execute the decree. (J.R. Goyal),J. VS Shekhawat/- Jr. P.A. D56