Leave granted.
This appeal is directed against the judgment and decree dated 4th December,
2006 passed in Civil Second Appeal No.384 of 2005 by the High Court of Rajasthan at
Jodhpur, by which the High Court had dismissed the Second Appeal filed by the
appellant and affirmed the judgment and decree of the courts below decreeing the suit
for eviction. The only ground that was agitated by the learned counsel for the appellant
was that the High Court had failed to consider that the eviction decree was passed
without coming to a positive finding of relationship of landlord and tenant between the
parties.
After going through the impugned judgment of the High Court, we find that the
appellant had not seriously pressed the Second Appeal before it. The appellant only
asked for reasonable time to vacate the premises in question. We note that the three
courts below concurrently found that there was relationship of landlord and tenant and
also found that the respondent was entitled to a decree of eviction on the ground of
nuisance and denial of the title by the appellant Such being the position, we find no
reason to interfere with the concurrent findings of facts which are not available for
attack before us. Accordingly, the appeal is dismissed. There will be no order as to
costs. Interim order, if any, stands vacated.
It is an admitted position that the appellant is running a tea shop in the premises
in question and in view of the order of the High Court he has already enjoyed one and
half year, which had expired in the year 2006. Even then, in view of the fact that he is
running a tea shop in the premises in question, we direct that the appellant shall vacate
the premises in question on or before 31st July, 2009 subject to filing of usual
undertaking in this Court within four weeks from this date.