IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL SECOND APPEAL No. 366 of 2007 VASU DEV V/S NAND LAL & ORS. Mr. AMIT MEHTA, for the appellant / petitioner Mr. SANDEEP SARUPARIA, for the respondent Date of Order : 3.10.2007 HON'BLE SHRI N P GUPTA,J. ORDER ----- Both the learned counsel are agreed to the effect that the matter be remanded to the learned lower Appellate Court for deciding the offer of the appellant to be given the shop marked by figure “X” in Ex. 1 in which event the appellant is prepared to vacate the shop in question. Accordingly, the appeal is allowed. The impugned judgments are set aside, and the matter is remanded back to the learned lower Appellate Court for deciding the above question. Needless to say that till that matter is decided, the shop being marked by figure “X” in Ex.1 shall not be let out by the landlord to any other person. Parties to appear before the learned lower Appellate Court on 10.10.2007, and the learned lower Appellate Court is directed to decide the matter most expeditiously. ( N P GUPTA ),J. /sushil/