1 S/17 S.B. CIVIL SECOND APPEAL NO.146/2008. Bhanwar Lal & Ors. Vs. Ratan Lal Date of Order :: 20th May 2008. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr. Ajay Vyas, for the appellants. Mr. Arun Bhansali, for the respondent. .. BY THE COURT: This second appeal has been preferred against the judgment and decree dated 14.02.2008 as passed by the Additional District Judge No.1, Bikaner whereby the appeal [Civil Appeal (Decree) No. 25/1998] filed by the defendants-appellants against the judgment and decree dated 20.02.1998 as passed by the Civil Judge (Junior Division), Bikaner in Civil Original Suit No. 264/1989 has been dismissed and decree for eviction on the ground of reasonable and bona fide requirement of the plaintiff- landlord has been affirmed; and further, whereby the appeal [Civil Appeal (Decree) No.11/1998] filed by the plaintiff has partly been allowed and while altering the finding on issue No.3, decree for eviction on the ground of subletting has also been granted for the defendant having parted with a part of the suit premises to some other person. The matter is essentially concluded by the findings of facts; and learned counsel Mr. Ajay Vyas appearing for the appellants 2 though attempted to argue the matter on merits but then, fairly submitted that the appellants may not be able to make out a strong case for formulating any substantial question of law in this second appeal. However, learned counsel submitted that the appellants have been carrying on business in the suit premises for substantially longer past and they shall have to make alternative arrangements for their business and hence prayed that the appellants may be allowed some extra time to vacate the suit premises beyond the statutory period. Learned counsel has also filed an undertaking on behalf of the appellant No.3 Subh Karan stating that he shall abide by the final orders to be passed in this second appeal and further shall comply with the terms and conditions while granting time to vacate the suit shop and shall give vacant possession of the shop in question to the respondent in compliance of the order of this Court. Learned counsel Mr. Arun Bhansali appearing for the plaintiff-respondent fairly submitted that the plaintiff, though requires the suit premises, but shall not stand ceremonies and shall have no objection in granting reasonable time to the appellant to vacate the suit shop but then submitted that having regard to the location of the suit premises and its commercial use, rate of mesne profits at present at Rs. 25/- per month stands much on lower side and if the appellants are allowed extra time to vacate, mesne profits may be considered for enhancement. 3 Having regard to the facts and circumstances of the case, it appears appropriate to allow time to the appellants to vacate the suit premises by 31st October 2009 but then, the appellants should make payment of the amount for use and occupation of the premises for the extra time being granted by this order at the rate of Rs. 1,000/- per month w.e.f. 01.06.2008. Of course, for no substantial question of law being involved in this second appeal, the appeal is required to be, and is, dismissed; however, the appellants are granted time to vacate the suit premises by 31st October 2009 on the following conditions:- (i) The appellants shall personally submit an undertaking supported by affidavit before the trial court within three weeks from today to the effect that on or before 31st October 2009, they shall hand over peaceful and vacant possession of the suit premises to the plaintiff-respondent. They shall also undertake not to cause any damage to the suit premises nor to make any alteration and not to assign, sublet or in any manner part with possession to any other person and not to put the premises to any use other than the present use and not to cause any nuisance. (ii) The appellants shall deposit within three weeks the arrears, if any, of the rent/mesne profits and of the 4 decretal amount and shall further pay to the landlord the amount for use and occupation of the suit premises at the rate of Rs. 1,000/- (One thousand) per month with effect from 1st June 2008 or deposit this amount in the bank account of the landlord, if particulars thereof are furnished to the appellants, month by month on or before 15th day of the next month. It has been stated on behalf of the appellants that the payable amount towards rent until the month of December 2008 has been deposited in the Trial Court at the rate of Rs. 25/- per month. It is made clear that the appellants shall be required to make deposit of mesne profits at the rate of Rs. 1,000/- from 1st June 2008 and for that purpose, if any amount has already been deposited towards rent/mense profits, the same shall, of course, be given due adjustment. It is made clear further that upon the appellants' failure to comply with any of the conditions aforesaid or violating any terms of the undertaking, the plaintiff-respondent shall be entitled to execute the decree forthwith in accordance with law. No order as to costs of this appeal. (DINESH MAHESHWARI),J. Mohan/