BHANWARI DEVI Vs. SUMER

JUDGEMENT

(1.) The instant Civil Second Appeal under Sec. 100 CPC has been filed by the defendants-appellants (for short 'the defendants') aggrieved by the judgment and decree dtd. 5/4/2008 passed by the learned Additional District Judge (Fast Track) No.3, Ajmer Camp, Kishangarh (for short 'the First Appellate Court') whereby the said court allowed the appeal filed by the respondent-plaintiff (for short 'the plaintiff') and quashed and set aside the judgment and decree dtd. 31/3/1997 passed by the learned Civil Judge (Junior Division), Kishangarh, Ajmer (for short 'the trial Court') in Civil Suit No. 60/1992.

(2.) Learned counsel for the defendants 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 eighteen months may kindly be granted to the defendants to vacate the tenanted/suit premises (for short 'the premises'). He further submits that the defendants are poor persons, therefore, they are not in a position to pay the arrears of mesne profit, as directed by the Court below.

(3.) Learned counsel appearing for the plaintiff on instructions of his client has no objection in granting the time as prayed for by the learned counsel for the defendant for vacating the premises. He further submits that the plaintiff will not claim arrears of mesne profit, as directed by the Court below.