SUBHASH KUMAR PRADHAN Vs. SHANTI DEVI

JUDGEMENT

(1.) BEING aggrieved with the judgment and decree dated 23.09.2013 passed in Eviction Suit No. 3 of 2012 by the District Judge, Special Division -II at Gangtok, East Sikkim, the Appellant/Plaintiff has filed this Appeal. The Respondent/Defendant has also filed a Cross Objection against decision of Issue No. 4. The Appeal and the Cross Objection both are being disposed of by this judgment.

(2.) THE facts, briefly stated, are as under: -

(3.) ON the other hand, Mr. A.K. Upadhyaya, learned Senior Counsel appearing on behalf of the Respondent, has opposed these arguments. He referred to the various admissions of the Appellant (PW -1) as also the contents of the notice issued by the Appellant to the Respondent. On direction to pay arrears of rent, he argued that even if it was held that the Appellant was entitled to receive arrears of rent which he had claimed, since the entire arrears was barred by limitation, therefore, the learned trial court ought to have directed for payment of arrears of rent of three years only and not beyond that. Therefore, the decree relating to payment of arrears of rent should be modified to the above extent.