JUDGEMENT :- This is an appeal by the tenants-defendants against the judgment of the learned District Judge of Sikkim decreeing the suit filed against them by their landlord for their eviction and for recovery of khas possession of the premises tenanted to them and also for arrears of rent. Eviction has been claimed by the landlord on the ground of her requirement of the premises for her bona fide occupation as well as on the ground of default in payment of rent by the tenants, being the two of the three grounds on which "the landlord may evict the tenant" under the provisions of S.4 of the Gangtok Rent control and Eviction Act, 1956.

2. The learned District Judge has, however, decreed ejectment on the ground of bona fide requirement only and not on the ground of default, as he has found that though there were arrears of rent due justifying granting a decree for such arrears, the same was not legally sufficient to constitute a ground of ejectment under the provisions of Section 4 of the Gangtok Rent Control and Eviction Act, 1956, in view of the decision of this court in Shakuntala Bai v. K.N. Dewan (1980-1 Ren CJ 577 : 1977 Sikkim LJ 33). The plaintiff-respondent, having t