A landlord may evict a tenant for personal occupation, if the premises are in disrepair and rent remains unpaid for four months, as per relevant eviction laws.

JUDGMENT

Meenakshi Madan Rai, J. - The Respondent/Plaintiff filed an Eviction Suit before the Court of the District Judge, East Sikkim, at Gangtok, seeking eviction of the Appellants/Defendants from the suit premises, recovery of arrears in rent and mesne profits. The grounds enumerated for such eviction were illegal occupation of the suit premises by the Appellants despite due receipt of Notice of Eviction. That, the premises were required for the Respondent's personal use and occupation and that the suit premises being in a dilapidated condition were required to be overhauled.

2. The facts relevant for the present purposes are that the suit premises comprising of a four storied RCC building, measuring 30 ft. x 92 ft., situated at Rangpo Bazar, was rented out by M/s. Balchand Udairam, the owner, to the Appellant, M/s. Himal Match Co. Pvt. Ltd., at a monthly rent of Rs. 250/- (Rupees two hundred and fifty) only. The year of tenancy has not been mentioned in the plaint. On 14-08-1991, M/s. Balchand Udairam sold the suit property to the Respondent. Upon such sale, the Respondent informed the Appellant Company about it and requested that monthly rent be deposited to her. The Appellant Company failed to comply with the request.

(i) The suit premises being in a dilapidated condition the Assistant Town Planner II, Urban Development and Housing Department (UD&HD), sent a Notice dated 01-10-2008 to the Respondent requiring her to ensure structural stability with retrofitting works, but the required repairs could not be carried out as the premises were not vacated by the Appellants. An Eviction Notice dated 30-12-2008 was served upon the Appellants by the Respondent, which was also not complied with and the Appellants continue to remain in unlawful occupation of the suit premises from 01-02-2009. That, on this ground, the Respondent was entitled to mesne profit calculated @ Rs. 200/- (Rupees two hundred) only, per day, on and from 01-02-2009, till the date of obtaining vacant possession of the suit premises. The further case of the Respondent is that during the pendency of the suit (Eviction Suit No.01 of 2010), permission was granted to withdraw it with liberty to file afresh. On such liberty, the Respondent on 29-01-2018 sent a fresh Notice for Eviction to the Appellant, through Registered AD, requesting the Appellant to vacate the suit premises by 01-032018. The Appellants again failed to oblige. That, the Appellants are defaulters in payment of rent from 14-08-1991, when the suit premises was registered in the name of the Respondent. The Respondent claims arrears of rent from 14-08-1991 till 01-02-2009 and mesne profits after 01-02-2009. Accordingly, the Respondent sought for a decree for recovery of possession of the suit premises, recovery of arrears of rent of Rs. 54,000/- (Rupees fifty four thousand) only, decree declaring that the Respondent is entitled to mesne profits from 01-02-2009 till the date of filing of the suit.

(ii) The Appellants contested the claims and averred that the suit is barred by limitation under the provision of Article 52 of the Schedule of the LIMITATION ACT , 1963, which stipulates that the period of limitation for recovery of arrears in rent is three years from the date when the arrears become due. Admittedly, the rent became due from 01-09-1991 as per the Respondent. It was claimed that the Appellants have been regularly paying the rent to M/s. Balchand Udairam, till the month of January, 2009, after which M/s. Balchand Udairam refused to accept the rent. The Appellants have then been depositing the rent in the postal savings account of K. B. Biswakarma, C/o Himal Match Company. The electricity bil