PRAKASH GUPTA,J. - (1.) The instant Civil Second Appeal under Section 100 CPC has been filed by the defendants-appellants aggrieved by the judgment and decree dated 26th September, 2017 passed by the learned Additional District Judge No.2, Alwar whereby the learned court below has dismissed the appeal filed by the defendants- appellants against the judgment and decree dated 11 th May, 2004 passed by the Additional Civil Judge No.2 (J.D.), Alwar in Civil Suit No.136/1986.
(2.) Learned counsel for the appellant Shri Dev Krishna Purohit 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. Learned counsel appearing for the respondents Shri Mohit Gupta on instructions of his clients has no objection in granting the time as prayed for by the appellants for vacating the tenanted premises.
(3.) In view of the aforesaid submission of learned counsel for the parties, this second appeal is being decided in the following terms:- 1. The defendants-appellants shall be entitled to continue in possession of the suit premises uptill 03 rd July, 2019 but not beyond that, subject to condition that they would hand over the vacant and peaceful possession of the tenanted premises to the respondents on or before 03 rd July, 2019. 2. The appellants shall deposit arrears of mesne profit, if any, due towards them up to 31st December, 2017 at the rate of Rs.15/- per month within a period of one month from today with the bank account of the respondents and thereafter, from the month of January, 2018, the appellants shall continue to deposit the mesne profit at the rate of Rs.1,000/- in the bank account of the respondents by 15th of each month. 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 respondents shall be at liberty to execute the decree without any further reference to the Court. ;