Wangdi, J.

1. The Appellant in this Appeal seeks to set aside the judgment and decree dated 30-11-2011 (hereinafter referred to as the “impugned judgment”) in Eviction Suit No.01 of 2010 passed by the Learned District Judge, Special Division – II, East Sikkim at Gangtok, by which the suit filed by the Respondent for eviction of the Appellant from the suit premises and for arrears of rents together with future rent was decreed.

2(a). In the original suit the Respondent’s case in so far as it is material for the purpose of this Appeal is that the Appellant was a tenant under him in respect of two premises out of which one was at the road level and the other at the basement at a monthly rent of ` 2100/- and ` 1100/-respectively exclusive of water, sewerage and electric charges, to be paid within the fifth day of each succeeding month with the month being computed as per the English calendar. That the Appellant had been irregular in payment of the rent commencing from the month of December, 2004 which he used to send through strangers and ultimately defaulted in doing so continuously from the month of September, 2007 to January, 2008 and, therefore, made himself liable to be