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Accordingly, the appeal fails and is, accordingly, dismissed. Costs easy.

The learned counsel for the appellant submitted that in the circumstances, the appellant may be granted time for vacating the shop. However, to save the defendant from the peril of sudden ejectment, he has to be granted a breathing space. It is directed that the decree for ejectment shall not be available for execution until December 31, 2011 subject to the defendant filing an undertaking within a week on affidavit before the Deputy Registrar (Judicial) of this Court to the effect that on or before December 31, 2011 he shall hand over peaceful vacant possession to the plaintiff and in between shall not induct anyone else in the premises nor part with it. And he will be obliged to pay to the landlord the amount of use and occupation charges, if any, upto the date when rent falls due month by month by the 15th day of that month. Failing the filing of the undertaking or in the event of breach of any of the conditions aforesaid, the decree of ejectment shall be available for execution forthwith.