- (1.) HEARD learned counsels for the parties.
(2.) MR. Suresh Shrimali, learned counsel for the respondent-defendant-sub-tenant (MR. Inder Purohit S/o Laxmi Narayan Purohit) on instructions, submits that the defendant- MR. Inder Purohit S/o Laxmi Narayan Purohit that the defendant, MR. Inder Purohit (sub-tenant) will hand-over the vacant possession of the suit premises, situated at outside "Suraj Pol", Pali (A three storey building) latest by tomorrow i.e. on 05.09.2012 and keys will be handed over to the landlord. Mr. R.K. Thanvi, Sr. Advocate, learned counsel for the appellants-plaintiffs (landlord) submits that due to the aforesaid statement of learned counsel for the defendant No.2- sub-tenant to the extent of eviction decree, he does not press this second appeal of the plaintiff on merits qua him, however, he submits that eviction decree against the defendant No.1- Bishan Singh including of arrears of rent against the original defendant-tenant (Bishan Singh S/o Foga Singh @ Fozi Singh) has not been contested by the defendant No.1- Bishan Singh, therefore, that the decree against him deserves to be maintained by this Court to that extent. Nobody is present on behalf of respondent No.2, Bishan Singh (Defendant No.1) to oppose this prayer. Accordingly, this appeal is disposed of in view of undertaking given by Mr. Suresh Shrimali, learned counsel appearing on behalf of respondent No.1- Mr. Inder Purohit S/o Laxmi Narayan Putohit, and the decree of the learned courts below against the respondent No.2- defendant No.1 (Bishan Singh S/o Foga Singh @ Fozi Singh) is upheld. No costs. Copy of this judgment be sent to both the courts below and all the parties concerned forthwith.;