HOTILAL PRASAD Vs. SAKUNTALA SHARMA

JUDGEMENT

(1.) THESE three Appeals are taken up together as they pertain to the suit premises occupied by the Appellants -Defendants in the same building owned by the Respondent -Plaintiff at Jorethang, South Sikkim and involve common questions which can be disposed of by a common judgment.

(2.) THE Appellants -Defendants in these Appeals seek to assail the judgments and decrees dated 31 -03 -2014 passed by the Learned District Judge, South Sikkim at Namchi decreeing the Eviction Suits against the Appellants -Defendants for the eviction from the suit premises directing that vacant possession of the tenanted premises be handed over to the Respondent -Plaintiff within a period of three months from the date of the impugned judgments.

(3.) THE Appeals were heard by a Single Bench constituted by the then Hon'ble Chief Justice who upon hearing upheld the findings of the Learned Trial Court that the Respondent -Plaintiff had failed to make out the case of default and requirement of the suit premises for thorough overhauling set up by her but, was pleased to remand the case for a fresh decision on the one pertaining to her claim of requirement of the premises for her personal use and occupation by judgment dated 26 -07 -2013. It was held that the Respondent -Plaintiff ought to be given an opportunity to adduce further evidence of substantiating that the claim projected by her for commencement of Nursing Home is a genuine one and that the same is not a ruse to evict the tenants. It was accordingly directed that the Respondent -Plaintiff should be permitted to adduce whatever further evidence she wants to adduce in support of her claim for eviction on the ground of her own occupation and also to permit the tenants to do so to counter the additional evidence produced by the Respondent -Plaintiff.