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2006 Supreme(Sikk) 18

A.P.SUBBA
PALDEN BHUTIA – Appellant
Versus
JANUKA CHETTRI – Respondent


Advocates Appeared:
A.Moulik, J.B.Pradhan, Kesang Diki Bhutia, N.C.Sherpa, R.K.AGARWAL


( 1 ) THIS Appeal is directed against the judgment and decree dated 24-3-2006, passed by the learned District Judge (South and West) at Namchi, in title Suit No. 9 of 2005.

( 2 ) THE facts of the case, relevant for the purpose of this Appeal, in a nutshell, are that the Appellants herein, who were minors, filed a Civil Suit being Civil Suit No. 14 of 1988 through their mother and natural guardian against the present Respondent no. 1 and others in the Court of learned Civil judge (West) at Gyalshing for declaration, recovery of possession and other reliefs in respect of a piece of land i. e. the suit land in the year 1988. In the said suit the case of the Plaintiffs/appellants, in short, was that they were Sikkimese by birth and members of Bhutia Tribal Community of Sikkim, whereas the Defendants /respondents were the members of Nepali Community who did not hold Sikkim Subject. The suit land was their ancestral and joint family property. As such, their father Late Gompu Bhutia, who had sold the suit land to the Respondents, had no right to alienate the same. The alienation made by him was, therefore, not binding upon the Plaintiffs/appellants. However in course of the proceedings, t



























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