( 1 ) THE judgment and decree passed by the learned District judge, South and West at Namchi, South sikkim in Civil Suit No. 13 of 2002 is the subject matter under challenge in this appeal.

( 2 ) THE facts of the case, in a short compass, are as follows :-The two minor plaintiffs, namely, mahendra Bir Lama and Shoundarya Bir lama represented by their mother and legal guardian Smt. Anjita Lama, the principal respondents herein, Instituted a suit being civil Suit No. 8 of 2000 before the Court below for the following reliefs :-" (a) A decree declaring the right, title and interest of the plaintiffs over the schedule "b' property/suit land; (B) Declaration to the effect that the defendant No. 1 has no right, title and interest over the suit property; (c) A decree to the effect that the defendant No. 2 had or has no right to sell the property mentioned in schedule "b' as the plaintiffs are the joint owners of the said property; (d) A decree restraining the defendant no. 1 from using the suit property in any manner whatsoever; (e) A decree for recovery of possession of the suit land in favour of the plaintiffs: (f) A decree of cost of the suit; (g) Any other relief or relie