1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 159 of 2002 SHAUKAT & ORS V/S SMT. KHATOON BAI Mr. MK TRIVEDI, for the appellants / petitioner Mr. RS MANKAD, for the respondent Date of Order : 10.7.2006 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the parties. Perused the impugned judgments. In my view, the findings recorded by the learned courts below are pure findings of fact, and are not successfully shown to have been vitiated on any of the grounds available under Section 100 C.P.C. The appeal thus does not involve any substantial question of law, and the same is dismissed. However, with the consent of the learned counsel for the parties, the appellants are granted nine months time to vacate the suit premises on the condition that the defendant gives an undertaking before the learned trial court within one month from today that on or before the expiry of the above period, they will peacefully hand over the vacant possession of the suit premises to the plaintiff and that during this period, they will not, in any manner, transfer 2 the possession of the suit premises to anybody. Likewise, the entire decretal amount, so also all arrears of rent, if any, shall be deposited by the appellants in the trial court within one month from today and shall further continue to deposit amount equal to the monthly rent by way of damages for use and occupation by 15th of each succeeding month, till the actual delivery of possession. In case the appellants fail to comply with any of the above conditions, the respondent will become automatically entitled to execute the decree forthwith. ( N P GUPTA ),J. /Sushil/