The instant civil second appeal under Section 100 CPC has been filed by the defendants-appellants (hereinafter referred to as ""the appellants"")
aggrieved by the judgment and decree dated 17.09.2019 passed by the learned Additional District Judge, Ramganj Mandi, District Kota (hereinafter
referred to as ""the Appellate Court"") whereby the Appellate Court dismissed the appeal filed by the appellants against the judgment and decree dated
15.09.2014 passed by the Civil Judge, Ramganj Mandi, District Kota (hereinafter referred to as ""the Trial Court"") in Civil Suit No.36/2004.
Learned counsel for the appellants Shri Vishesh Sharma after arguing the matter at some length, on instruction of his clients, has not pressed this
appeal on merits. The only prayer made by him is that time of one and a half year may kindly be granted to the appellants to vacate the tenanted
premises.
In view of the aforesaid submission of learned counsel for the appellants, this second appeal is being decided in the following terms:-
1. The appellants shall be entitled to continue in possession of the suit premises till 31.08.2021 but not beyond that, subject to condition that they will
hand over the vacant and peaceful possession of the tenanted premises to the respondent on or before 31.08.2021.
2. The appellants shall deposit arrears of mesne profit, if any, due towards them up to 31.01.2020 @ Rs.150/- per month within a period of one month
from today in the bank account of the respondent and thereafter, from 01.02.2020, the appellant shall continue to deposit the mesne profit @
Rs.1,500/- in the bank account of the respondents by 15th of each month. The respondent shall furnish its Bank account number to the counsel for the
appellants within a period of fifteen days from today, failing which the amount be deposited in the Trial Court and the respondent shall be at liberty to
withdraw the same.
3. The appellants shall not alienate or otherwise create third party right or hand over possession of the tenanted premises in question to any other
person.
4. If the appellants fail to deposit the mesne profit consecutively for four months, the respondent shall be at liberty to execute the decree without any
further reference to the Court.
Further, the appellants shall submit an undertaking on oath incorporating the aforesaid conditions before the Trial Court within a period of four weeks
from today. In case, the appellants fail to submit the undertaking as aforesaid within four weeks from today and/or commits breach of any of the
conditions of this order, the respondent shall be entitled to execute the decree forthwith and obtain possession of the suit premises in accordance with
law and it will be open for the respondent to initiate contempt proceedings in this Court.
The second appeal stands disposed of accordingly.
Consequent upon disposal of the second appeal, stay application filed therwith does not survice and same also stands disposed of.
