S.B. Civil Second Appeal No.153/08 Date:28/07/2008 HON'BLE Mr. JUSTICE ASHOK PARIHAR Mr. Giriraj Bardhar, for appellants. Mr. Mahendra Goyal, for respondent. BY THE COURT: Suit for eviction filed by the plaintiff- respondent was decreed by the trial court vide judgment and decree dated 16.12.2005. Giving benefit of first default, the suit was decreed on the ground of bonafide necessity, comparative hardship and even issue in regard to partial eviction has been decided in favour of the plaintiff- respondent. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment dated 25.2.2008. After hearing learned counsel for the parties, I have carefully gone through the material on record. On the basis of concurrent findings of fact since after due consideration proper discretion has already been used by both the courts below, in the facts and circumstances, no further interference is called for by this court, moreso, when no substantial question of law arises. However, in the interest of justice, the defendant- appellants may now vacate the suit premises on or before 1.11.2008. The defendant-appellants shall continue to pay the monthly rent till the date of vacation of the suit premises. An undertaking in this regard be submitted by the defendant-appellants before the trial court within 15 days. In case of violation of any of the conditions of undertaking, the plaintiff-respondent shall be free to execute the decrees passed by the courts below in accordance with law. The appeal stands disposed of accordingly. (Ashok Parihar) J.