Rajasthan High Court - Jaipur
Prem Chand And Company And Another vs Chiranji Lal Mahaveer Prasad Huf on 16 December, 2011
Author: Prem Shanker Asopa
Bench: Prem Shanker Asopa
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR JUDGMENT S.B.CIVIL SECOND APPEAL NO.1099/2011 Prem Chand & Company and another Versus Chiranjilal Mahaveer Prasad HUF DATE OF ORDER --- December 16,2011 PRESENT HONBLE MR.JUSTICE PREM SHANKER ASOPA Mr.Anant Bhandari with Mr.Dilip Mudgal, for the defendant-appellants Mr.R.K.Agrawal, Sr.Advocate with Mr.Alok Chaturvedi, for the plaintiff-respondent BY THE COURT
(1) This is defendants' second appeal challenging the judgment and decree dated 1.12.2011 passed by the Additional District Judge, Kishangarh (Ajmer)in Civil Regular Appeal No.33/2011 thereby dismissing the appeal and affirming the judgment and decree dated 28.7.2011 passed by the Civil Judge (Junior Division), Kishangarh (Distt.Ajmer) in Civil Suit No.66/2008.
(2) After arguing the case for some time, counsel for the defendant-appellants does not press the appeal on merit. However, he submits that instead of the period of two months, as granted by the trial court, for vacating the suit premises, the defendant-appellants may be granted two years' time.
(3) Counsel for the plaintiff-respondent has ultimately agreed that two years' time may be granted to the defendant-appellants provided the Court imposes conditions on the defendant-appellants of furnishing an undertaking before the trial court.
(4) In view of the above, this second appeal is dismissed with the following undertaking by the defendant-appellants:
(i) That the defendant-appellants shall furnish an undertaking before the trial court, within a period of two weeks from the date of receipt of certified copy of this judgment, with the stipulation to handover vacant possession of the suit premises on 16.12.2013 to the plaintiff-respondent and further that during the said period, they will not create third party rights in the suit property;
(ii) That the defendant-appellants shall make payment of the arrears of rent including rent for the month of January, 2012 within two months;
(iii) That till 16.12.2013, the defendant-appellants will further make payment / deposit rent by the 15th of each month, for which the plaintiff-respondent has furnished his bank account number to the defendant-appellants today in court.
(iv) In case of violation of any of the aforesaid conditions, the plaintiff-respondent will be at liberty to execute the decree.
(Prem Shanker Asopa) J.
??pa?