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2019 Supreme(Sikk) 18

MEENAKSHI MADAN RAI
Rajendra Prasad Mangla, Son of Late Narsing Das Mangla – Appellant
Versus
Govind Agarwal, Son of Late Chetram Agarwal – Respondent


Advocates Appeared:
For the Appellants :Mr. Sudesh Joshi and Mr. Sonam Palden Tamang, Advocates
For the Respondent:Dr. (Ms.) Doma T. Bhutia, Advocate

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Appellants herein were ordered to vacate the suit premises of the Respondent on bona fide requirement of the Respondent and default in payment of rent by the Appellants, vide the Judgment dated 31.08.2017 in Eviction Suit No. 08 of 2014 (Shri Govind Agarwal v. Shri Rajendra Prasad Mangla and Another). Aggrieved, the Appellants herein are assailing it in Appeal.

2. The Respondent” s/Plaintiff’s case before the learned trial Court was that the suit property described in Schedule ‘A’ to the plaint comprising of a shop measuring 9x14½”, on the fourth floor of a five storeyed RCC building, along with a gully measuring 30?x60” and in the third floor of the same building rooms measuring a total area of 22?x45” and 11?x20” were rented out by the mother of the Respondent/Plaintiff (hereinafter “Respondent”) to the Appellants/Defendants No. 1 and 2 (hereinafter “Appellants No. 1 and 2”), vide an Agreement dated 17.05.1978. The Appellant No. 1 is in continuous occupation of the said suit premises since 1978 with rent fixed at Rs.625/- (Rupees six hundred and twenty five) only, per month, excluding water and electricity charges. The third shop on the four

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