CSA 296/08 (1) In the High Court of Judicature for Rajasthan At Jaipur Bench, Jaipur O R D E R In S.B. Civil Second Appeal No.296/2008 Abdul Gaffar Vs. Shri Ramakat Ojha Date Of Order :: 6th March, 2009 Hon'ble Mr. Justice Jitendra Ray Goyal Mr. B.L. Agrawal, Advocate, for appellant. Mr. Abdul Gaffar, the appellant, present in person. Mr. J.P. Goyal, Advocate, for respondent. Mr. Ramakant Ojha, the respondent, present in person. ........ This is second appeal by the appellant- defendant under section 100 of the Code of Civil Procedure against the judgment and decree dated 21/7/2008 passed by Additional District Judge No.1, Ajmer in Civil Appeal No.2/2006 by which the judgment and decree dated 11/11/2005 passed by Additional Civil Judge (Junior Division) No.3, Ajmer in Civil Suit No.214/94=60/2003 was affirmed. 2. Learned counsel for the appellant does not press this appeal on merits and prays for some reasonable time to vacate the suit property. 3. Learned counsel for the respondent does not oppose this prayer. 4. With consent of learned counsel for both the parties, this appeal along with the stay application is dismissed CSA 296/08 (2) with the order as follows :- (i) The appellant shall hand over the vacant possession of the suit property to the plaintiff-respondent-landlord on or before 31/3/2010; (ii) The appellant shall continue to pay/deposit Rs.175/- per month as mesne profits by 15th of every month till the vacant possession is handed over and three defaults in making the payment of monthly rent shall make the plaintiff-respondent- landlord entitle to get the suit property vacated; (iii) The appellant shall further pay the arrears of rent, if any due, within a period of two months; (iv) The appellant shall not create any third party interest in the suit property; (v) The appellant shall not lock the main gate of the premises in dispute and in any manner will not obstruct the way of respondent-landlord in entering into his house; (vi) The appellant shall submit an undertaking in writing containing the above terms and conditions in the trial court within a period of three weeks; In case the appellant fails to comply with any of the above term and condition, the plaintiff-respondent-landlord would have a right to execute the decree. (J.R. Goyal),J. V.S. Shekhawat/- Jr. P.A. D74