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2017 Supreme(Sikk) 60

BHASKAR RAJ PRADHAN
Subash Gupta – Appellant
Versus
Yadap Nepal – Respondent


Advocates Appeared:
For the Petitioner:Ms. Laxmi Chakraborty and Ms. Manju Rai, Advocates
For the Respondent:Mr. Zangpo Sherpa, Mr. Jushan Lepcha and Ms. Mon Maya Subba, Advocates

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. A Title Suit for declaration, possession, injunction and consequential reliefs was filed by the petitioner herein, as the plaintiff, in the year 2012 claiming his right to tenancy in the four storeyed RCC building situated at Pakyong-Rorathang road, Pakyong, East Sikkim owned by late Dilli Ram Nepal and presently by his son the sole respondent, Yadap Nepal as the defendant.

Case of the plaintiff/petitioner

2. The case of the petitioner is based on the allegation that the respondent would use his influence with the local police to threaten the petitioner out of the building tenanted. The situation compelled the petitioner to sign on a document/agreement prepared by the respondent. Subsequently, on 25.11.2005 the petitioner lodge a First Information Report (FIR) against the respondent, the officer-in-charge of the Pakyong P.S and others with the Superintendent of Police who took prompt initiative and directed investigation by the SDPO, which is pending. The respondent’s ill intention of evicting the petitioner by any means led to various illegal acts of the respondent. The respondent, without notice transferred the electric connection of the building

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