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2013 Supreme(Sikk) 18

PIUS C.KURIAKOSE
Nar Bahadur Khatiwada – Appellant
Versus
State of Sikkim – Respondent


Advocate Appeared:
For Appellant/Plaintiff:M/s. N. Rai, A. Moulik, B. Sharma, Sr. Advocates with Rajendra Upreti, Jyoti Kharka, U.P. Sharma, Gita Bista and Sushant Subba, Advocates.
For Respondents/Defendants:M/s. J.B. Pradhan, Addl. Advocate General and Karma Thinlay Namgyal, Sr. Govt. Advocate with S.K. Chettri, Asstt. Govt. Advocate, Mr. Thinlay Dorjee Bhutia, Legal Retainer for L.R. & D.M. Department, Government of Sikkim, Mr. P.K. Rai, O.S.D., L.R. & D.M. Department, Government of Sikkim.

Judgment

Pius, J.

The unsuccessful plaintiff in Title Suit No.08 of 2012 on the files of the Court of the District Judge, Special Division–II, East Sikkim at Gangtok is the appellant in this First Appeal. The respondents/defendants are – (i) the State of Sikkim through the Secretary, Land Revenue Department, Government of Sikkim and (ii) Sub-Registrar/District Collector, East District, Sikkim. Parties will be referred to hereinafter, for the sake of convenience, as “appellant/plaintiff” and “respondents/defendants” respectively. The appellant’s case as pleaded by him has been narrated in great detail by the Court below in the impugned judgment and hence for the seek of brevity, I am adverting to them only briefly.

2. According to the appellant, on 10.12.1986 a gift deed was executed by Late Kazi Lhendup Dorjee Khangsarpa (L. D. Kazi for short,) in his favour in respect of the suit property, which is an extent of 0.35 acres corresponding to 0.0845 hectares of land bearing plot No. 713 at Gangtok Bazar, East Sikkim bounded within the following 4 (four) boundaries –

East : 31 A National High Way.

West : Masjid Compound.

North : Road to old West Point School and Masjid.

South : Building of Dr

































































































































































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