!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL SECOND APPEAL NO.128/2009 (Kalu @ Biharilal & Ors. Vs. Sohan Lal) Date of order :: 08.05.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Ajay Vyas, for the appellants. Mr.Vijay Mehta, for the respondent. Heard learned counsel for the parties. After perusing the judgment of the trial court as well as the appellate court and the issues framed by the trial court with regard to bona fide necessity, I am of the opinion that no interference is required in the concurrent finding of both the courts below, so also, no substantial question of law emerges from the facts and findings of the case. Hence, this second appeal is dismissed. However, upon the prayer made by appellants that some breathing time may be granted for handing over the possession of the suit !! 2 !! property, I deem it just and proper to grant appropriate time to vacate the premises. For the same, the appellants are directed to furnish undertaking within a period of 15 days from today before the trial court that they will vacate the premises in question by 31st December, 2009. Upon furnishing the same, the execution of the decree shall remain stayed upto 31st December, 2009. It is also clarified that till handing over the possession to the respondent, the appellants shall pay rent upto the date of vacating the premises. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-