PRAHALAD Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) The appellant -defendant has preferred this second appeal aggrieved by the impugned judgment and decree dated 07.05.2015 passed by Additional District Judge NO.2, Bikaner (Camp Shri Dungargarh) in Civil Appeal (Decree) No.3/2012, dismissing the appellant's appeal and affirming the judgment and decree dated 11.01.2012 passed by Civil Judge (Jr.Division), Shri Dungargarh, District Bikaner in Civil Original Suit No.10/2005, whereby the suit filed by the respondent - plaintiff for eviction and recovery of rent against the appellant -defendant was decreed. eviction and recovery of rent in connection with the suit shop at Rani Bazaar of Shri Dungargarh, which was let out to the appellant -defendant at a monthly rent of Rs200/ -. The eviction was sought on account of default in payment of monthly rent. The tenancy was terminated by the respondent - plaintiff by sending registered notice dated 22.01.2005 for terminating the tenancy and for arrears of rent. However, defendant did not handover the vacant possession as such the plaintiff filed the suit for eviction and recovery of rent.

(2.) Learned counsel for the appellant - defendant upon instructions submits that the appellant -defendant is not pressing the appeal on merits and craving that a reasonable time may be granted to him to handover the vacant and peaceful possession of the suit shop.

(3.) Accordingly, the present second appeal of the appellant -defendant is dismissed as not pressed on merits with a direction to the appellant -defendant to submit an undertaking to the effect that he will hand over the peaceful and vacant possession of the suit premises to the respondent -landlord on or before 31.05.2016 with the following conditions: