1 S/4 S.B. CIVIL SECOND APPEAL NO.54/2008. Vijay Singh & Anr. Vs. Narendra Kumar Date of Order :: 9th April 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. R.K. Singhal, for the appellants. Mr. R.K. Thanvi, for the respondent. .. BY THE COURT: The appellant No.1 has submitted an undertaking pursuant to the order dated 03.04.2008 as passed in this appeal stating,- “1. I undertake to abide by the final order passed by this court in this appeal and the terms and conditions imposed on the appellants while granting time for vacation of the shop in question. 2. I further undertake that the appellants shall give vacant possession of the shop in question to the respondent in compliance with the order of this court after the expiry of the period granted to them for the vacation of the shop.” Learned counsel for the appellants has prayed for granting of time of about two years, at least until 31st March 2010, for the appellants to vacate the suit premises. Learned counsel for the respondent submits such request to be asking for rather longer a time then as might reasonably be required by the appellants. 2 Having regard to the facts and circumstances of the case, it appears appropriate to allow time to the appellants to vacate the suit premises by 31st December 2009. Learned counsel for the respondent has rightly prayed for allowing to the respondent reasonable amount towards damages for use and occupation of the suit premises, particularly during the extra period to vacate as being allowed in this appeal. The learned Trial Court has allowed mesne profits @ Rs.150/- per month and having regard to the overall facts and circumstances of the case, it appears appropriate to allow mesne profits to the respondent from 1st May 2008 until the appellants vacate the suit premises @ Rs.1,000/- per month. Of course, for no substantial question of law being involved in this second appeal, the appeal is required to be and is dismissed; however, the appellants are granted time to vacate the suit premises by 31st December 2009 on the following conditions:- (i) The appellants shall personally submit an undertaking supported by affidavit before the trial court within three weeks from today to the effect that on or before 31st December 2009, they shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. They 3 shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) The appellants shall deposit within three weeks the arrears, if any, of the rent/mesne profits and of the decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises at the rate of Rs. 1,000/- (One thousand) per month with effect from 1st May 2008 or deposit this amount in the bank account of the landlord (particulars whereof are said to have already been furnished to the appellants) month by month on or before 15th day of the next month. It is made clear that upon the appellants' failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the plaintiff-respondent shall be entitled to execute the decree forthwith in accordance with law. No costs. (DINESH MAHESHWARI),J. Mohan/