SAKUNTALA SHARMA Vs. MOHAN KUMAR AGARWAL @ MUNNA

JUDGEMENT

(1.) THE appellant Dr. Sakuntala Sharma is the owner of a 5 storied building situated at Jorethang in South District, Sikkim and the respondents are tenants occupying different portions of the said 5 storied building. The parties will be hereinafter called for the sake of convenience as the 'landlady' and 'tenants'. The landlady has preferred these appeals as the Eviction Suits No. 01/2008, 02/2008, 03/2008, 04/2008 and 05/2008 were dismissed by the trial Court the Court of District Judge, South & West at Namchi. Even though appeals pertain to separate judgments authored by the very same Court, I am disposing of these RFAs by this common judgment, in view of the involvement of common facts and common issues.

(2.) RFA No. 03/2013 pertains to the judgment and decree in Civil Suit No. 02/2008. The respondent in that RFA Mohan Kumar Agarwal is in occupation of the entire 2nd floor of the 5 storied building and he is residing there and is conducting news paper agency business.

(3.) RFA No. 05/2013 pertains to the judgment and decree in Civil Suit No. 05/2008 and the respondent Shri Mani Kumar Tiwari therein is in occupation of one shop room in the ground floor of the above 5 storied building and he is doing clothes business.