KAMALA GURUNG Vs. ARJUN KUMAR MINDA

JUDGEMENT

(1.) This Appeal assails the common Judgment and Decree, dated 30-11-2015 of the Learned District Judge, South District, at Namchi, in Eviction Suit No. 13 of 2013 and Eviction Suit No.1 of 2014, decreeing the Suit of the Respondent in terms of his prayer in Eviction Suit No.13 of 2013, seeking a declaration that he is entitled to enjoy his tenanted premises free from undue harassment and interference from the Appellant, her agents or servants, till such time that he is evicted by due course of Law.

(2.) The Respondent herein, filed Eviction Suit No.13 of 2013, against the Appellant herein, (hereinafter referred to as "Respondent" and "Appellant" respectively), under Notification No.6326 600-H&W B of the Health and Works Department, Government of Sikkim, dated 14-04-1949 (for short "Notification of 1949"), inter alia, praying for a declaration that he is entitled to enjoy the rented premises as detailed hereinabove, as also a declaration for prohibitory injunction, restraining the Defendant (Appellant), her agents and servants from giving undue harassment to the Plaintiff (Respondent) in the enjoyment and occupation of rented premises till final disposal of the Suit.

(3.) The facts briefly sketched are that the Respondent a businessman, was the tenant of the Appellant and occupying a room measuring 12 feet x 15 feet for business purposes, in the ground floor of her four storied building, situated in Jorethang Bazar, South Sikkim, from the year 1992 on a verbal agreement, with rent fixed at a sum of Rs.1,000/- (Rupees one thousand) only. After 1994, the rent was enhanced every three years by the Appellant. In July, 2011, the parties executed a Tenancy Agreement for eleven months, i.e., till June, 2012, after which the parties entered into a fresh Agreement for another period of eleven months, i.e., July, 2012 to June, 2013, fixing the monthly rent at Rs.4,500/- (Rupees four thousand and five hundred) only, with assurances by the Appellant of no further enhancement. No sooner was the second Agreement executed, she demanded enhanced monthly rent of Rs.4,950/- (Rupees four thousand nine hundred and fifty) only, which the Respondent being in a disadvantageous position, viz.; requiring the premises for business was constrained to pay. Having thus violated the terms of the Agreement, she also declared that no further Tenancy Agreement would be executed between them. The second Tenancy Agreement thus expired on 30-06-2013, but he continued as a tenant on verbal assurances and commitments. The Respondent's contention was that as Jorethang has now become a Commercial Hub, the Appellant intends to evict him and hand over the suit premises to Private Companies at a higher rent, despite no default by him in payment of monthly rent. In pursuance of this motive, on 24-07-2013 the Appellant issued a Notice denying further renewal of the Tenancy Agreement and when he was out of station on 04-12-2013, asked him to vacate the suit premises, which was repeated on 12-12-2013 and thereafter with increasing frequency. Apprehending illegal eviction from the suit premises which would lead to a pecuniary loss of Rs.2,000/- (Rupees two thousand) only, or more per day, the Suit was filed.