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         IN THE SUPREME COURT OF INDIA             CIVIL APPELLATE JURISDICTION

 CIVIL APPEAL NO.4384 OF 2008  (Arising out of SLP(C)No.845 of 2007)

OM PRAKASH                                  .....APPELLANT(S)

VERSUS

MANGI LAL                                   ....RESPONDENT(S)

             O  R  D  E  R

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

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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.

          .............................J.            ( TARUN CHATTERJEE )

          .............................J.                      ( AFTAB ALAM )

NEW DELHI; JULY  15, 2008.