JUDGMENT :

Meenakshi Madan Rai, J.

1. This Appeal assails the common Judgment and Decree, dated 30-11-2015 of the Learned District Judge, South District, at Namchi, in Eviction Suit No. 13 of 2013 and Eviction Suit No.1 of 2014, decreeing the Suit of the Respondent in terms of his prayer in Eviction Suit No.13 of 2013, seeking a declaration that he is entitled to enjoy his tenanted premises free from undue harassment and interference from the Appellant, her agents or servants, till such time that he is evicted by due course of Law.

2. The Respondent herein, filed Eviction Suit No.13 of 2013, against the Appellant herein, (hereinafter referred to as “Respondent” and “Appellant” respectively), under Notification No.6326—600-H&W—B of the Health and Works Department, Government of Sikkim, dated 14-04-1949 (for short “Notification of 1949”), inter alia, praying for a declaration that he is entitled to enjoy the rented premises as detailed hereinabove, as also a declaration for prohibitory injunction, restraining the Defendant (Appellant), her agents and servants from giving undue harassment to the Plaintiff (Respondent) in the enjoyment and occupation of rented premises till final disposal