SB Civil Second Appeal No. 110/2007 Deenu Versus Harbans Lal & ors 26.3.2008 Hon'ble Mr Justice Ashok Parihar Mr Naseem Uddin Qazi – for appellant-defendant Mr MC Jain – for plaintiff-respondents BY THE COURT: Suit for eviction filed by the plaintiff respondents was decreed by the trial court on the ground of default vide order dated 4.9.1993. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide order dated 7.12.2006. Hence, the present second appeal. After hearing learned counsel for the parties I have carefully gone through the material on record. Both the courts below have come to a concurrent find that there have been default in payment of rent prior and even after determination of interim rent by the court. Since, after due consideration, proper discretion has already been used by both the courts below, I find no ground for any further interference of this court. However, in the interest of justice, the defendant-appellant may vacate the suit premises on or before 1.1.2009. The defendant-appellant shall continue to pay rent as determined by the court below to the plaintiff-respondents till vacation of the suit premises and an undertaking in this regard be submitted by the defendant-appellant before the trial court within four weeks. If the compliance of the undertaking is not made by the defendant-appellant, the plaintiff-respondents shall be free to execute the decrees passed by the courts below in accordance with law. The appeal is disposed of accordingly. The record be sent back. (Ashok Parihar) J. bnsharma