HIMAL MATCH CO. PVT. LTD. Vs. KIRAN AGARWAL

JUDGEMENT

(1.) The Respondent/Plaintiff filed an Eviction Suit before the Court of the District Judge, East Sikkim, at Gangtok, seeking eviction of the Appellants/Defendants from the suit premises, recovery of arrears in rent and mesne profits. The grounds enumerated for such eviction were illegal occupation of the suit premises by the Appellants despite due receipt of Notice of Eviction. That, the premises were required for the Respondent's personal use and occupation and that the suit premises being in a dilapidated condition were required to be overhauled.

(2.) The facts relevant for the present purposes are that the suit premises comprising of a four storied RCC building, measuring 30 ft. x 92 ft., situated at Rangpo Bazar, was rented out by M/s. Balchand Udairam, the owner, to the Appellant, M/s. Himal Match Co. Pvt. Ltd., at a monthly rent of ? 250/- (Rupees two hundred and fifty) only. The year of tenancy has not been mentioned in the plaint. On 14/8/1991, M/s. Balchand Udairam sold the suit property to the Respondent. Upon such sale, the Respondent informed the Appellant Company about it and requested that monthly rent be deposited to her. The Appellant Company failed to comply with the request.

(3.) The Learned Trial Court settled eight issues for determination;