SALIM Vs. AMZAD ALI

JUDGEMENT

(1.) This second appeal by the defendant has arisen out of the suit for eviction and recovery of arrears of rent, as filed by the plaintiff-landlord wherein, the learned First Appellate Court, vide its impugned Judgment and Decree dated 13.10.23017 passed in Civil Appeal No. 91/2015 (CIS No. 125/2014) has affirmed the judgment and eviction decree dated 15.09.2012 passed by the Trial Court.

(2.) Having heard the counsel for the appellant and having perused the material placed on record, when this Court found no case for interference in the concurrent findings recorded by the learned Courts below, the learned counsel for the appellant- defendant submitted, in the alternative, that some time may be allowed to the appellant to vacate the demised premises. The learned counsel submitted that the appellant has been carrying on the business in the suit premises for over 30 years and shall need some time to make alternative arrangements. Learned counsel for the appellant agreed to pay enhanced amount of mesne profits, for the further period, during which he would be retaining the shop in question, upon granting indulgence by this Court.

(3.) Mr. O.P. Sangwa, learned counsel appearing for the appellant-defendant, while seeking permission to withdraw the present second appeal, however, submits that the appellant- defendant be permitted to retain the possession of the suit premises for a period of one year, after which, he would hand-over the vacant and peaceful possession of the shop in question to the plaintiff-respondent.