JOYBELLS SCHOOL AUTHORITY Vs. TSEWANG GYATSO KALEON

JUDGEMENT

(1.) The learned trial Court vide the impugned Judgment dated 30.04.2016, decreed the Suit of the Plaintiff (Respondent No.1 in this Appeal and Petitioner in the Cross Objection), on grounds of "bona fide requirement for personal occupation" of the Plaintiff. Arrears in rent were ordered to be paid by the Defendant No.2 (Appellant herein and Respondent No.2 in the Cross Objection), from April 2012, till filing of the Suit with pendent lite and future interest, till recovery of possession. The Counter-Claim of the Defendant No.2 (Appellant herein) was dismissed. Aggrieved thereof, the Appellant assails the impugned Judgment supra.

(2.) A Cross Objection was filed by the Respondent No.1 before this Court, assailing the finding of the learned trial Court on Issues No.1 and 2. The Appeal and the Cross Objection are being disposed of by this Judgment.

(3.) (a) The Respondent No.1 (in the Appeal herein and the Petitioner in the Cross Objection) was the Plaintiff before the learned trial Court; (b) the Respondent no.2 (in the Appeal herein and Respondent No.1 in the Cross Objection) was the Defendant No.1 before the learned trial Court; (c) the Appellant (in the Appeal herein and Respondent No.2 in the Cross Objection) was the Defendant No.2 before the learned trial Court; and (d) the Respondents No.3 and 4 (in the Appeal herein and Respondents No.3 and 4 in the Cross Objection) were the proforma Defendants No.3 and 4 before the learned trial Court. The parties shall be referred to in their order of appearance before this Court, in the Appeal.