AIR 1984 RAJASTHAN 50 ::(1983) Raj LR 515 ::(1984) 1 RenCR 373 ::(1984) 1 RentLR 645 ::(1983) 2 RenCJ 206

Rajasthan High Court

Hon'ble Judge(s): G. M. Lodha, N. M. Kasliwal , JJ

Rajasthan Premises (Control of Rent and Eviction) Act (17 of 1950) , S.13, S.22— First appeal by tenant against decree of eviction - At stage of admission, case got adjourned on several occasions by counsel for tenant - Tenant withdrawing matter after full hearing in presence of his counsel and giving undertaking to deliver vacant possession after nearly six months - Tenant in second appeal claiming withdrawal to be due to his being nervous and terrorized @page-Raj51and claiming remand of case - Remand, held, was not permissible. In a first appeal by the tenant against the decree for eviction when the case was for admission the court directed stay of execution in favour of tenant. The case was got adjourned on several occasions by the counsel for the tenant and it was finally heard after several months. After arguing the matter for a long time the tenant's counsel withdrew the matter when both the parties and their counsel were present. The tenant gave an undertaking that he would deliver vacant premises after a period of nearly six months. As the date of delivery of possession drew near the tenant filed a second appeal and claimed that the withdrawal of appeal was due to his being nervous or terrorised and the case should be remanded for rehearing on merits. The tenant also argued that the court was not justified in permitting withdrawal with....