RAJALA DEVI Vs. TASHI TSHERING BHUTIA

JUDGEMENT

(1.) THIS Regular First Appeal is preferred by the defendants in Eviction Suit No. 06 of 2010 on the files of the District & Sessions Judge, Special Division-I, East and North at Gangtok, being aggrieved by the Decrees passed against them, inter alia, for recovery of arrears of rent for the period from the month of October, 2010 till September, 2011 and also for eviction on the ground of default in payment of rent continuously for a period of 4 (four) months. As the pleadings raised by the parties have been narrated in detail and almost accurately by the Court below in the impugned judgment, it is necessary to advert to them only very briefly.

(2.) THE respondent is hereinafter referred to as the 'landlord' and the appellants are referred to as the 'tenants'. The suit was instituted by the landlord seeking eviction of the tenants on the following 3 (three) grounds: -

(3.) THE tenants in the written statement filed by them would stoutly deny the allegations of the landlord regarding existence of three eviction grounds. The landlord's allegation that the tenants had defaulted payment of rent and that he was entitled for a decree for recovery of arrears was also disputed. Various other contentions including a contention that the suit is barred by limitation were raised. The existence of the landlord- tenant relationship between the parties was also denied. Even the rate of rent alleged by the plaintiff was disputed.