JAGDISH PRASAD Vs. TASHI TSHERING BHUTIA
LAWS(SIK)-2010-5-7
HIGH COURT OF SIKKIM
Decided on May 21,2010

JAGDISH PRASAD Appellant
VERSUS
Tashi Tshering Bhutia Respondents

JUDGEMENT

Barin Ghosh - (1.) By the judgment and decree under appeal, the suit for eviction of tenant has been decree with directions upon the defendant, appellant herein, to deliver vacant possession of the suit premises within two months from the date of decree; to pay rent from the month of October, 2000 to March, 2008, without interest, and cost of Rs. 2,500/-.
(2.) Before the appeal was admitted, this Court directed deposit of rent from the month of October, 2000 until the date the order was passed, amounting to Rs. 2,25,000/-. The defendant-appellant deposited the said sum. Thereupon this Court admitted the appeal, stayed the operation of the judgment and decree and at the same time directed the appellant to deposit rent month by month @ Rs. 2,500/-. There appears to be no dispute that the appellant is depositing the same.
(3.) The principal contention of the appellant in the appeal is that the plaintiff-respondent has failed to prove any of the grounds of eviction as was available to him and pressed at the trial.;


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