SINHA, J.

1. Being aggrieved with the judgment and decree dated 23.09.2013 passed in Eviction Suit No.3 of 2012 by the District Judge, Special Division-II at Gangtok, East Sikkim, the Appellant/Plaintiff has filed this Appeal. The Respondent/Defendant has also filed a Cross Objection against decision of Issue No.4. The Appeal and the Cross Objection both are being disposed of by this judgment.

2. The facts, briefly stated, are as under: -

2.1 The Appellant/Plaintiff is owner of the suit premises, i.e., a shop measuring 13’ x 33’ situated at Ranipool Bazar, East Sikkim. This shop was let out on rent by the Appellant to one Shri Ram Nath Prasad, husband of the Respondent/Defendant. Ram Nath Prasad, died on 17.03.2004 and the shop in question, thereafter, was being run by the Respondent. The Appellant came with the case that this shop was bonafidely required by him for personal occupation and rent of the shop was also not paid since July, 2002 till the filing of the suit on 20.04.2012, therefore, the Respondent be evicted from the said shop and a decree for arrears of rent in sum of Rs.1,61,506.00 be also passed in his favour.

2.2 Both the grounds, taken by the Appellant for e