JUDGMET :

Bhaskar Raj Pradhan, J.

1. The suit for eviction, recovery of possession and mense profit was filed by the Respondent before the Court of the learned District Judge (East and North), East Sikkim at Gangtok, against the tenant, the Appellant herein. Various grounds for eviction were taken. The solitary ground which is being contested in the present appeal is the requirement of the suit premises for the personal occupation of the landlord, the Respondent herein.

2. The suit premises is situated at Pakyong Bazar, East Sikkim and therefore, “Notification no. 6326-600/H & WB dated 14.04.1949 (1949 Notification) regulating letting and sub letting of premises etc.” issued by the then Health & Works Department, is the law applicable. Clause 2 of the 1949 Notification is relevant and quoted below:

“2. The landlords cannot eject the tenants so long as the scarcity of housing accommodation last, but when the whole or part of the premises are required for their personal occupation or for thorough overhauling the premises or on failure by the tenants to pay rent for four months the landlords may be permitted to evict the tenant on due application to the Chief Court.”

3. On 27.08.2013 the l