RAMAN LAL Vs. RADHA DEVI

JUDGEMENT

(1.) This second appeal is arising out of the judgment and decree dated 30.09.2014 passed by the learned Additional District Judge, Phalodi, District Jodhpur in Civil Appeal (Decree) No.22/2013 "Raman Lal v. Radha Devi" dismissing the appeal filed by the present appellant-defendant and affirming the judgment and decree dated 21.09.2013 passed by the learned Civil Judge (Senior Division), Phalodi, District Jodhpur in Civil Original Case No.43/2010 "Radha Devi v. Raman Lal" by which, the learned Civil Judge (Senior Division) had decreed the suit filed by the respondent-plaintiff seeking eviction of the appellant-defendant under Section 106 of the Transfer of Property Act.

(2.) The present second appeal has been filed by the appellant, who was the defendant before the learned Trial Court against the concurrent decree of eviction granted by the Courts below in favour of the plaintiff.

(3.) Today, the learned counsel appearing for the appellant-defendant submitted that the appellant-defendant is running his business in the suit shop since last so many years and, therefore, he has instructions not to press this appeal on merits but some reasonable time may be granted to the appellant-defendant to vacate the suit shop and to hand-over vacant possession of the suit shop to the plaintiff-respondent. The learned counsel further submitted that the appellant-defendant is paying rent of the suit shop @ Rs. 1100/- per month to the plaintiff-respondent.