JUDGMENT :

Meenakshi Madan Rai, J.

1. Questioning the legality and validity of the impugned Judgment dated 28.04.2017 of the learned District Judge, Special Division-I, Sikkim at Gangtok, in Title Suit No. 21 of 2013 [Januki Pradhan vs. Chetan Sharma and Sikkim Industrial Development & Investment Corporation (SIDICO)], the Appellant (Defendant No. 1 before the learned Trial Court) is before this Court.

2. Urging this Court to set aside the impugned Judgment, learned Senior Counsel for the Appellant advanced the arguments that the learned Trial Court failed to consider that the Respondent No.1 (the Plaintiff before the learned Trial Court) could not have purchased the area of 5960 sq.ft. from the owners of the land since it had been leased out to M/s Agarwal Wire Industries Pvt. Ltd. (for brevity „Agarwal Industries?) in 1984 for a period of 25 (twenty-five) years and the lease period extended thereafter. That, clause (iv) of the Lease Deed between the Lessors i.e. Majhi brothers and the Lessee i.e. Agarwal Industries, specifically debarred the lessor from selling, mortgaging, transferring or assigning in any manner to any other person, whatsoever any part or the whole of the land, wit