JAGDISH MALI Vs. DAUDAYAL PRABHU MANDIR PRANYAS

JUDGEMENT

(1.) Appellant-defendant has preferred this second appeal aggrieved by impugned judgmentdecree dated 6th of November, 2017 passed by DistrictSessions Judge, Jodhpur Metropolitan, dismissing the appellant's appeal, and affirming judgment and decree dated 18th of November, 2016 passed by Addl. Sr. Civil Judge No.6, Jodhpur Metropolitan, whereby the suit filed by respondent-plaintiff, a trust named Daudayal Prabhu Mandir Pranyas, for eviction and recovery of rent against appellant-defendant was decreed.

(2.) Brief facts, giving rise to the present appeal are that respondent-plaintiff-Trust filed a suit for eviction and recovery of rent against appellant-defendant in relation to the disputed premises godown situated on Hathiram-Ka-Oda - Nagori Gate Road, Jodhpur, as described in the plaint, which was let out to the appellant-defendant at a monthly rent of Rs. 150/- for keeping building materials. The plaint inter-alia alleged that the appellant-defendant paid rent only upto 31.08.1996 and thereafter neither the rent was offered nor tendered as such he defaulted in payment of rent and started residing in the said premises with his family without obtaining permission from the plaintiff-Trust and thereby caused material alteration. The suit was decreed by the court of first instance and thereafter the appellate Court affirmed the judgmentdecree passed by lower Court.

(3.) 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 vacant and peaceful possession of the suit premises.