CSA 211/09 Gopal Vs. Jugal Kishore (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.211/2009 Gopal Vs. Jugal Kishore Date of Judgment :: 12th August, 2009 P R E S E N T Hon'ble Mr. Justice Jitendra Ray Goyal Mr. Prahlad Sharma, for appellants. Mr. Hemendra Goyal ] Mr. L.L. Gupta ] for respondents. ....... By the Court :- This is second appeal by the appellant-tenant against the concurrent judgment and decree of eviction. 2. Learned counsel for the appellant does not press this appeal on merits and prays for reasonable time for handing over the vacant possession of the suit shop to the respondent-landlord. 3. During the course of arguments, counsel for the respondent-landlord has agreed for granting time to the appellant-tenant upto 31/10/2012. 4. With consent of learned counsel for the parties, this appeal along with 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-landlord on or before CSA 211/09 Gopal Vs. Jugal Kishore (2) 31/10/2012; (ii) The appellant shall continue to pay/deposit Rs.150/- per month to the respondent-plaintiff-landlord by 15th of every month till vacant possession of the suit shop is handed over and shall also pay the arrears of rent, if any, within one month from today and three defaults in making the payment of the monthly amount shall make the respondent-plaintiff-landlord 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. 5. 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. VS Shekhawat/- Jr. P.A. S3