BHATTACHARJEE, J. :- The suit which has wended its way to this Court in this appeal was filed in the Court of the District Judge, Sikkim at Gangtok, by the plaintiff-landlord against the defendant tenant for the recovery of arrears of rent and for the ejectment of the defendant from the premises held by him under the plaintiff as described in the schedule of the plaint, being "one shop-room with two rooms behind it with a verandah at the, fourth storey (third floor) of an R. C. C. building situated at Mahatma Gandhi Marg, Gangtok Bazar". The suit has been decreed by the learned District judge by his Judgement dated 19-10-1978, whereby the claims of the plaintiff for the ejectment of the defendant and also for the arrears of rent amounting to Rs. 450/- have been allowed and the defendant has preferred this appeal against the aforesaid judgement and decree.

2. The case of the plaintiff, stated briefly, is that the plaintiff is the owner of the premises in dispute, hereinafter referred to as the suit-premises, and the defendant is a tenant under him at a monthly rental of Rs. 150/- only; the further case of the plaintiff is that originally the defendant took the tenancy for a