POPAT LAL Vs. CHOTA DEVI

JUDGEMENT

(1.) The appellant-defendant-tenant has filed the present first appeal before this Court under Section 96 of CPC on 29.03.2011 being aggrieved by the decree of eviction dated 14.02.2011 granted by the learned trial court of District Judge, Sirohi in Civil Original Suit No.14/2010- Smt. Chota Devi Vs. Popat Lal.

(2.) The respondent-plaintiff-landlord came with a case before the learned trial court that the suit shop in question situated at Main Market, Sheoganj was given on rent to the appellant-defendant. On the date of filing the eviction suit, the monthly rent of the suit shop was Rs.4025/- per month. The defendant-tenant since failed to make regular payment of rent, therefore, the plaintiffs-respondents sent a notice dated 09.11.2009 through her advocate terminating the tenancy. The suit was thus filed by the respondent-plaintiff-landlord seeking ejectment and claiming arrears of rent. The learned court below after hearing both the parties vide the judgment and decree dated 14.02.2011 ordered for eviction of the appellant-defendant from the suit premises.

(3.) Mr. Manish Shishodia, learned counsel for the appellantdefendant without arguing the appeal on merits submits that the appellant may be permitted to withdraw this first appeal. An application (IA No.11810/12) under Order 23 CPC seeking withdrawal of this appeal, however, in the said application the appellant has sought some reasonable time to hand-over the peaceful and vacant possession of the suit shop.