- (1.)JUDGMENT:- This first appeal has been filed by the tenant-defendant Shri Tika Khawas against the judgment and decree dt. 30th Jan. 1984 by the learned District Judge, Sikkim, decreeing with cost, the suit brought by the landlord plaintiff, Shri Pasupati Nath for possession, after the eviction of the tenant from one shop measuring 5' X 5' situated at Lall Market Road, in Misrilal Sardar Building, within the Gangtok Municipal Corporation area.
(2.)The appellant-defendant is a tenant under the plaintiff-respondent on a monthly rent of Rs. 100/-. By means of a written agreement, the defendant was let out the suit premises with effect from 1st April, 1978 for three years up to 31st Mar. 1981 on monthly rental of Rs.100/-. After the efflux of the period of tenancy agreed on, the defendant did not vacate the premises and therefore, the plaintiff served a notice dt. 6th Feb. 1981 terminating the tenancy of the defendant, with the expiry of 31st Mar. 1981. Otherwise also, the tenancy stood terminated by efflux of the stipulated period on 31st Mar. 1981. The ground of the eviction is bona fide necessity and the plaintiff has pleaded that he requires the suit premises for his own use since he intends to extend his business of stationery and other articles such as magazines periodicals etc., as the space in his possession, which is adjacent to the suit premises and which is also of the size of 5' X 5' is too small for keeping all the articles.
(3.)The defendant who contested the suit, did not deny to have entered into an agreement of tenancy w.e.f. 1st April, 1978 for three years. However, he has stated at the same time that he has been the tenant since the year 1973. He did not specifically deny the service of notice to quit. He challenged the locus standi of the plaintiff to bring the suit for eviction. He denied that the plaintiff requires the premises for his own use for extending his business of stationery and other articles. According to him, the space with the plaintiff is sufficient for his business.