( 1 ) PLAINTIFF in Civil Suit No. 2 of 2004 is the appellant in this Second Appeal, which is directed against the judgment dated 30-7-2005 and decree dated 16-8-2005, passed by the learned District Judge, (South and West) at Namchi, in First Title Appeal No. 1 of 2005 reversing the Judgment and Decree dated 22-2-2005 passed by the Senior Civil judge, South Sikkim at Namchi in the above civil Suit. The facts giving rise to the dispute between the parties, may briefly be stated as follows :-

( 2 ) THE appellant inherited landed properties covered by plot numbers 230, 231, 232 and 408 situated at Namchi Bazar, South sikkim, on the demise of his late father Shri tonyot Lama. Having joined service under the government of Sikkim in the year 1954, the appellant was always on the move on account of transfers and postings to different stations. For this reason and also for the reason that he had settled down in Gangtok, East Sikkim, during the service period, the above land inherited by him at Namchi was left under the care and enjoyment of his only sister, Late pempa Doma Bhutia and her late husband tempo Bhutia. Since the said Tempo Bhutia lived as 'gharjuwai', he and his wife late Pempa d

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