TARACHARAN PRASAD Vs. BADRINARAYAN AGARWALA

JUDGEMENT

(1.) This is a landlord's appeal against the judgment and decree date 31st Aug., 1985 by the learned District Judge, Sikkim dismissing the suit brought by the appellant for recovery of arrears of rent and mesne profits and for ejectment of the respondent-tenant from a two-storeyed building situated at Mahatma Gandhi Marg, East Sikkim. The grounds urged for the decree for eviction were (a) default on the allegation that the respondent failed to pay arrears of rent with effect from March, 1984, (b) that the respondent made unauthorised additions and alterations to the premises, (c) that the appellant requires the premixes for thorough overhauling and (d) that he requires the premises bonafide for his use and occupation and business.

(2.) The respondent, who contested the suit controverted the appellant's allegations in respect of all the grounds and also challenged the maintainability of the suit on the plea that all the landlords did not join in the suit and further because a valid notice in terms of the tenancy agreement had not been served on him.

(3.) The learned District Judge framed nine issues to cover the controversies required to be disposed of at the trial. Issue No. 9 concerned the question whether the appellant is the sole owner and landlord of the premises and issue No. 5 was whether a valid notice was served upon the respondent as per the tenancy agreement. Issues Nos. 1 to 4 related to the four grounds on which eviction was sought. Issues Nos. 5 to 8 were framed on the questions whether the appellant was entitled to a decree for eviction, arrears of rent and mesne profits. The learned District Judge gave findings on all the issues against the appellant and, accordingly, dismissed the suit.