PIUS C.KURIAKOSE
Rajala Devi – Appellant
Versus
Tashi Tshering Bhutia – Respondent
Pius, J.
This Regular First Appeal is preferred by the defendants in Eviction Suit No. 06 of 2010 on the files of the District & Sessions Judge, Special Division-I, East and North at Gangtok, being aggrieved by the Decrees passed against them, inter alia, for recovery of arrears of rent for the period from the month of October, 2010 till September, 2011 and also for eviction on the ground of default in payment of rent continuously for a period of 4 (four) months. As the pleadings raised by the parties have been narrated in detail and almost accurately by the Court below in the impugned judgment, it is necessary to advert to them only very briefly.
2. The respondent is hereinafter referred to as the ‘landlord’ and the appellants are referred to as the ‘tenants’. The suit was instituted by the landlord seeking eviction of the tenants on the following 3 (three) grounds:-
(i) the defendants have defaulted for payment of rent continuously from the month of September, 2000 till the time of filing of the suit, i.e. on 14.09.2004;
(ii) the landlord intends to settle his eldest sons, who achieved their majority in age and are educated unemployed youths, in a Hotel business and Manihari
Adil Jamshed Frenchmen (dead) by LRs vs. Sardar Dastur School Trust & Ors.: (2005) 2 SCC 476
Dwarka Prasad vs. Niranjan & Ors. : (2003) 4 SCC 549
Smt. Janeja Devi & Ors. vs. Moharam Ali : AIR 1988 SC 411
Sait Nagjee Purushotham & Co. Ltd. vs. Vimalabaibai Prabhulal & Ors. : (2005) 8 SCC 252
Fakir Chand and Anr. vs. Bhagwan Das : (1994)108 PLR 129
Kailash Chand & Anr. vs. Dharam Dass : (2005) 5 SCC 375
Pratap Rai Tanwas & Anr. vs. Uttamchand & Anr. : (2004) 8 SCC 490
Akhileshwa Kumar & Ors. vs. Mustaqim & Ors. : (2003) 1 SCC 462
Siddalingamma & Anr. vs. Mamtha Shenoy : (2001) 8 SCC 561
Lingala Kundala Rao vs. Vootukuri Narayan Rao : (2003) 1 SCC 672
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