:
After hearing both the Revisions Applications, learned advocate Shri J.N. Jadeja appearing for the petitioners in both the Revision Applications submitted that permission may be granted to withdraw both the Revision Applications and two year time may be granted to the petitioners to vacate both the premises in question. Learned advocate Ms.V.P. Shah appearing on Caveat on behalf of respondent no.2 in the both the petitions was also heard on the question of granting reasonable time for eviction.
2.Having regard to the peculiar facts and circumstances of the case, permission to withdraw both these petitions is granted. The impugned decree for eviction in both the petitions will not be executed by respondent no.2 for a period of upto 28th February 1998 on the following terms and conditions :
(i) all the petitioners shall execute an undertaking within a period of two weeks from today, in favour of the court on usual terms including that they are in exclusive possession of both the premises and that they shall hand over peaceful and vacant possession of both the premises to respondent no.2/original plaintiff/landlord on 28.2.1998;
(ii) the undertaking shall also include a term that the petitioners shall not transfer, assign or part with the possession of the premises in any manner and they hand over possession only to the landlord; and
(iii) that the petitioners shall pay all the arrears of rent on or before 30.9.1996 and shall go on paying/tendering the mean profit in respect of both the premises until actual and physical possession is handed over to the landlord by them.
3.Both the Revision Applications stand disposed of as withdrawn.
26th August 1996 (J.N. Bhatt, J.) karim*