NORBU TSHERING BHUTIA Vs. CALCUTTA HARDWARE STORES

JUDGEMENT

(1.) THIS Appeal is directed against the impugned judgment dated 30.09.2013 passed by the Learned District Judge, Special Division -I, Sikkim at Gangtok in Title Suit No. 1 of 2010 by which the suit filed by the Respondent No. 1 was decreed prohibiting the Plaintiffs and the Proforma Defendants from interfering with possession and enjoyment of the suit premises by the Respondents except in accordance with law. At the same time dismissing the counter -claim of the Appellant.

(2.) IN the original suit, the Appellant is the Defendant No. 1 and the Respondents No. 1, 2 and 3 are the Plaintiffs No. 1, 2 and 3 respectively. The Respondent No. 1 is a firm in the name and style of M/s. Calcutta Hardware Stores of which Respondent No. 2 is the proprietor who, with the assistance of his brother Respondent No. 3, runs a business of hardware and paint (these Respondents are hereinafter together referred to as the Respondents). Proforma Respondents No. 4, 5 and 6 are the Defendants No. 2, 3 and 4 respectively.

(3.) IT is alleged that after sometime the Appellant began to refuse accepting the usual mode of payment of rent in cash periodically which, as later revealed to the Respondents, was a ploy to pressurise them to quit and vacate the godown and, if not, to make them pay an enhanced rent at a rate almost double the amount being paid at the material time.