- (1.) THE appellants-defendants have filed the present second appeal being aggrieved by the judgment and decree dated 12.09.1997 passed by learned Additional District Judge, Phalodi in Civil Appeal No.2/96- Heera Chand & Anr. Vs. LR's of Babu Lal, whereby the learned lower appellate court below while allowing the plaintiff's appeal set aside the judgment and decree dated 26.03.1996 of learned trial court of Civil Judge (Sr. Division), Phalodi in Civil Original Suit No.232/92- Heera Chand & Anr. Vs. Babu Lal, by which the learned trial court partly decreed the suit filed by the plaintiffs.
(2.) THE plaintiffs-respondents, filed a suit before the learned trial court for recovery of arrears of rent and ejectment of the suit premises, situated in Sardarpura Mohalla, Phalodi, alleging therein that the suit premises initially was let out to the original defendant, Bau Lal on 27.09.1967 at a monthly rent of Rs.7/- per month, which rent was later on increased to Rs.22/-. The plaintiffs also averred that after 30.09.1980, the defendant stopped to make payment of monthly rent despite repeated requests being made by the plaintiffs. It was further averred that the defendant has his own house in the Phalodi town, therefore, on account of availability of alternative accommodation, the plaintiffs claimed ejectment of the defendant from the suit premises. The learned trial court after hearing the parties vide its judgment and decree dated 26.03.1996 partly decreed the plaintiffs' suit and allowed the defendant- Babu Lal to remain in possession of the portion of the suit premises, which opens on the southern side road as he was doing his work of goldsmith in the said portion of the suit portion. Against the judgment and decree of learned trial court, the plaintiffs-respondents preferred first appeal before the learned first appellate court, which appeal also came to be allowed by the learned lower appellate court vide its judgment and decree dated 12.09.1997. The appellants-defendants (who are the legal representatives of original defendant, Babu Lal) preferred this second appeal before this Court challenging the judgments and decrees of the courts below on 05.11.1997. Learned counsel for the appellants-defendants, Mr. R.K. Thanvi, Sr. Advocate, with Mr. Narendra Tahnvi, submits that since the possession of the suit premises has been handed over to the respondents-plaintiffs-landlord; he, therefore, does not want to press this second appeal on merits. Accordingly , the present second appeal filed by the appellants-defendants-tenant against the concurrent judgments and decrees of the courts below is dismissed as not pressed. A copy of the judgment be sent to parties concerned and the courts below forthwith.;