ONKAR RAM Vs. DAULA

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal aggrieved by impugned judgment and decree dated 4th of May, 2017 passed by Addl. District Judge, Parbatsar (for short, 'first appellate Court') dismissing the appellant's appeal, and partly allowing the appeal of plaintiff-respondent against judgment and decree dated 28th of October, 2013 passed by Civil Judge (Sr. Div.), Parbatsar (for short, 'learned trial Court'), whereby the suit filed by respondent-plaintiff, for eviction and recovery of rent against appellant-defendant was decreed.

(2.) Brief facts, giving rise to the present appeal are that respondent-plaintiff filed a suit for eviction and recovery of rent against appellant-defendant stating that the suit property shop situated at Sikar Road, Kuchaman City was taken on rent by the appellant-defendant on rent @300 per month on 01.08.2000 and rent deed to that effect was written by him on 19.08.2000. Notice terminating the tenancy was given on 08.05.2000 but could not be served as such another notice was given on 22.05.2009. The plaintiff claimed unpaid rent of 32 months with interest on the arrears of rent. Written statement to the plaint was filed by the appellant refuting the averments of plaint in to while raising additional pleas to support his case. Learned trial Court on the basis of pleadings of rival parties framed issues for determination and thereafter the rival parties tendered ocular as well as documentary evidence. Learned trial Court, thereafter, proceeded to decide the issues and after appreciating the evidence available on record decreed the suit filed by respondent-plaintiff directing the defendant to vacate the shop in question within a period of two months. The judgment and decree passed by learned trial Court was challenged by way appeal by the appellant-defendant as well as respondent-plaintiff before the first appellate Court, which dismissed the appeal of defendant-appellant affirming the judgment and decree passed by lower Court and allowed the appeal of plaintiff-respondent directing the appellant-defendant to pay rent @Rs.300 per month from 31.03.2007 and mesne profit @Rs.3000 from termination of tenancy till handing over vacant possession of the shop to respondent-plaintiff.

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