1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T S.B. Civil Second Appeal No.180/2008 {Devanand & Others Versus Shri Kishan & Others} Date of Order :: 16th September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ashok Gaur for the appellants Mr. Shyam Lal Sharma for the respondents BY THE COURT: Heard learned counsel for the parties. 2. The learned counsel for the appellants does not press the second appeal on merits and prays for grant of one year's time to vacate the rented premise. He further submits that the appellants will pay the mesne-profit @ Rs. 750/- per month in the meantime. 3. Learned counsel for the respondents has no objection in granting one year's time to the appellants to vacate the rented premise subject to the condition that the appellants shall pay Rs. 750/- per month as mesne-profit with effect from 1st January, 2009 till the date of actual delivery of possession of the rented premise to the plaintiff-respondent. 4. After considering the submissions of learned counsel for both the parties, the appeal is dismissed as not pressed on the 2 following terms and conditions: (i) The defendants-appellants undertake to hand over the vacant and peaceful possession of the rented premise to the plaintiff- respondent on or before 31st December, 2009. (ii)The appellants undertake to pay or deposit the entire arrears of rent/mesne-profit, if any, within a period of four weeks from today and will further continue to pay the monthly mesne-profit of the rented premise @ of Rs. 750/- with effect from 1st January, 2009, till the date of actual delivery of possession thereof, by 15th day of each succeeding month or in advance to the plaintiff- respondent. (iii) The appellants further undertake that they shall not sub- let, assign or part with the possession of the rented premise or any part thereof in favour of any one else and would not create any third party interest in the same during he aforesaid period. (vi) The plaintiff-respondent shall furnish his bank account to the appellants or their counsel within a period of one week from today, and, on furnishing the same, the appellants shall deposit the arrears of the rent and future mesne-profit, as 3 directed above, in the above bank account of the plaintiff- respondent. In case the plaintiff- respondent fails to furnish the bank account to the appellants or their counsel, then the appellants will be free to deposit the same in the Tribunal itself. (v) The appellants shall furnish a written undertaking incorporating the aforesaid conditions in the Lower Court within a period of four weeks from today. 5. It is made clear that in case the appellants fail to comply with any of the aforesaid terms and conditions or fails to pay the mesne-profit, as directed above, for consecutive two months, then it will be open for the plaintiff-respondent to get the decree of eviction executed even before the aforesaid date. There shall be no order as to costs. 6. Since the second appeal itself has been decided, there is no need to pass any order on the application dated 2.12.2008 filed by the appellants and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK 4 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR S.B. Civil Misc. Stay Application No. 1457/2008 In S.B. Civil Second Appeal No.180/2008 {Devanand & Others Versus Shri Kishan & Others} Date of Order :: 16th September, 2008 PRESENT HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN Mr. Ashok Gaur for the appellants Mr. Shyam Lal Sharma for the respondents BY THE COURT: Since the civil second appeal has been dismissed, the stay application, filed therewith, does not survive and the same also stands disposed of. (NARENDRA KUMAR JAIN),J. DK