CSA 210/2008 Abdul Gafoor Vs. Hukmi Chand through LRS (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur J U D G M E N T In S.B. Civil Second Appeal No.210/2008 Abdul Gafoor Vs. Hukmi Chand through LRS Date Of Judgment :: 18.2.2010 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Abdul Gafoor, appellant, in person with his counsel Mr. Devendra Raghav, Advocate. Ms. Preeti Mehta, Advocate, for respondents. ........ This is defendant's second appeal filed under section 100 of the Code of Civil Procedure against the judgment and decree dated 13/5/2008 passed by Additional District Judge {Fast Track No.3} Ajmer Camp Kishangarh, District Ajmer in Civil Appeal No.{35/2002} 123/2007 whereby the appeal filed by the defendant-appellant against the judgment and decree dated 3/9/2002 passed by Civil Judge (Junior Division) Kishangarh, District Ajmer in Civil Suit No.10/1995 has been dismissed by which the suit filed by the plaintiff-respondent for eviction of the suit shop was decreed. 2. Heard learned counsel for the parties on the point of admission and perused the impugned judgments of the courts below and other material available on the record. 3. Learned counsel for the appellant does press this appeal on merits and only contended that a reasonable CSA 210/2008 Abdul Gafoor Vs. Hukmi Chand through LRS (2) period be allowed for handing over the vacant possession of the suit shop to the respondent-landlords. 4. Learned counsel appearing for the respondent- landlords does not oppose this prayer. 5. Therefore, with consent of learned counsel for both the parties, this appeal along with the stay application is dismissed with the order as follows :- (i) The appellant shall hand over the vacant possession of the suit shop to the plaintiff-respondent-landlords on or before 31/3/2011; (ii) The appellant shall continue to pay/deposit Rs.150/- per month as rent by 15th of every month till the vacant possession of the suit shop is handed over and two consequetive defaults in making the payment of monthly rent shall make the plaintiff-respondent-landlords entitle to get the suit shop vacated; (iii) The appellant shall not create any third party interest in the suit shop; (iv) The appellant shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of one month; In case the appellant fails to comply with any of the above term and condition, the plaintiff-respondent-landlords would have a right to execute the decree. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. S5