1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. ::: JUDGMENT Ramdayal vs. Satya Narayan. S.B.CIVIL SECOND APPEAL NO.268/2008 UNDER SECTION 100 CPC AGAINST THE JUDGMENT AND DECREE DATED 26.4.2008 PASSED BY SHRI RAMESH CHANDRA PAREEK, ADDITIONAL DISTRICT JUDGE, BHADRA, DISTRICT HANUMANGARH IN CIVIL APPEAL NO.2/2006. DATE OF JUDGMENT ::: 27.9.2008 PRESENT HON'BLE MR. PRAKASH TATIA, J. Mr.JR Beniwal, for the appellant. Mr.S Srimali, for the respondent. - - - - - BY THE COURT: Heard learned counsel for the parties. The two courts below concurrently decided the issue of personal bonafide necessity of the plaintiff in favour of the plaintiff and passed the eviction decree. 2 After going through the entire facts of the case and the reasons given by the two courts below in the impugned judgments, I do not find any substantial question of law involved in this appeal. Consequently, this second appeal deserves to be dismissed. At this juncture, learned counsel for the appellant prayed that two years' time may be given to the appellant to vacate the suit premises as he is doing his business in the suit premises since long. Learned counsel for the respondent has serious objection to the grant of time to the appellant. It is submitted that the appellant has his own commercial premises. I considered this prayer of learned counsel for the appellant and looking to the facts of the case and the reason that the appellant is searching another premises for his business, this Court is of the view that the appellant be granted time upto 31.12.2009 to vacate the suit premises. Therefore, it is ordered that the decree under challenge shall not be executed till 1.1.2010, in case, the appellant furnishes a written undertaking before the trial court within a period of one months from 3 today that he shall hand over the vacant possession to the landlord by or before 31.12.2009 and shall not part with the possession or sublet the suit premises nor shall damage the property or alter in any manner during this period and shall pay all the arrears of rent and decreetal amount, if due, before the trial court or directly to the landlord within a period of two months from today and shall also pay the entire rent upto 31.12.2009 in advance within a period of six months from today to the landlord directly by depositing in his bank account, number of which will be supplied by the landlord to the appellant tenant through counsel for appellant as well as by giving him information by registered letter. In case, there arises any difficulty in depositing the rent in the bank account, then only the appellant shall deposit the future rent in the trial court with due notice to the plaintiff. In case of non-compliance of the order or default in payment of amount mentioned above, the decree shall become executable forthwith. With the aforesaid concession, this appeal is dismissed. (PRAKASH TATIA), J. S.Phophaliya