BISHNU PRASAD BHAGAT, SON OF LATE RAM AWTAR BHAGAT Vs. PRAKASH BASNETT, SON OF LATE GANGA BAHADUR BASNETT

JUDGEMENT

(1.) The suit for eviction, recovery of possession and mense profit was filed by the Respondent before the Court of the learned District Judge (East and North), East Sikkim at Gangtok, against the tenant, the Appellant herein. Various grounds for eviction were taken. The solitary ground which is being contested in the present appeal is the requirement of the suit premises for the personal occupation of the landlord, the Respondent herein.

(2.) The suit premises is situated at Pakyong Bazar, East Sikkim and therefore, "Notification no. 6326-600/H & WB dated 14.04.1949 (1949 Notification) regulating letting and sub letting of premises etc." issued by the then Health & Works Department, is the law applicable. Clause 2 of the 1949 Notification is relevant and quoted below:

(3.) On 27.08.2013 the learned District Judge framed four issues. Issue no.1 is the relevant issue i.e. "1. Whether Plaintiff is in bonafide requirement of the suit property?"