VINEET KOTHARI,J. - (1.) This second appeal is arising out of the judgment and decree dated 13.04.2015 passed by the learned Additional District Judge No.3, Jodhpur Metropolitan in Civil Regular Appeal No. 32/2007 (N.C.V. No. 463/2014) "Himmata Ram v. Jagannath" dismissed the appeal filed by the present appellant-defendant and affirmed the judgment and decree dated 13.10.2011 passed by the learned Additional Civil Judge (Senior Division) No.1, Jodhpur in Civil Original Case No. 168/2000 (273/1995) "Jaggannath Singh v. Himmata Ram" by which, the learned Additional Civil Judge (Senior Division) had decreed the suit filed by the respondent-plaintiff seeking eviction of the appellant-defendant from the suit shop No.2 in question situated at Raoji Ki Nai Haveli, Narsingh Dhara, Jodhpur on the ground of default in payment of rent.
(2.) The present second appeal has been filed by the appellant, who was the defendant before the learned Trial Court against the concurrent decree of eviction granted by the two Courts below in favour of the plaintiff.
(3.) Today, the learned counsel Mr. S.D. Vyas appearing for the appellant-defendant-tenant-Himmata Ram submitted that the appellant-defendant is running his business in the suit shop since last so many years and, therefore, he has instructions not to press this appeal on merits but some reasonable time may be granted to the appellant-defendant to vacate the suit shop and to hand-over vacant possession of the suit shop to the plaintiff-respondent. The learned counsel further submitted that the appellant-defendant is ready to pay rent/mesne profits of the suit shop @ Rs. 1500/- per month (Rupees One thousand Five hundred only) to the plaintiff-respondent.;