S.B.CIVIL SECOND APPEAL NO. 476/1997 Kanhaiay Lal Pareek Versus. Arun Kumar and others. 25/08/2008 HON'BLE MR.JUSTICE ASHOK PARIHAR. Mr. Arvind Bhardwaj, for the appellant. Mr. Girraj Bardar, for the respondents Suit for eviction filed by the plaintiffs-respondents was decreed by the trial court vide judgment and decree dated 30/04/1996. The above judgment and decree passed by the trial court has further been affirmed by the lower appellate court vide judgment and decree dated 20/10/1997. After hearing counsel for the parties, I have carefully gone through the material on record. On the basis of findings of fact both the courts below have held the issue in regard to denial of title in favour of the plaintiffs-respondents and accordingly the decree of eviction has been passed. 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. The suit was filed in the year 1989 and the judgment and decree had also been passed by the lower appellate court way back in the year 1997. The defendant-appellant may now vacate the suit premises on or before 01/11/2008 and continue to pay the rent till vacation of the suit premises. An undertaking in this regard be submitted by the defendant-appellant before the trial court within fifteen days. In case of violation of any condition of the undertaking, the plaintiffs-respondents shall be free to execute decree passed by the courts below in accordance with law. The appeal is disposed of accordingly. (Ashok Parihar), J.