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2018 Supreme(Sikk) 6

MEENAKSHI MADAN RAI
Durga Prasad Shrestha – Appellant
Versus
Special Secretary, Tourism Department, Government of Sikkim – Respondent


Advocates Appeared:
For the Appellant : B. Sharma, Bhola Nath Sharma
For the Respondents: Karma Thinlay, Sabina Chettri, Pollin Rai

JUDGMENT :

Meenakshi Madan Rai, J.

1. This Appeal has wound its way to this Court on the Appellant being aggrieved by the concurrent findings of the learned Civil Judge, West Sikkim at Gyalshing, in Title Suit No. 2 of 2014 and the learned District Judge, West Sikkim at Gyalshing, in Civil Appeal No. 1 of 2014, which dismissed his suit seeking Declaration, Confirmation of Possession, Mutation and other Consequential relief’s.

2. Before the learned Trial Court, the Appellant was the Plaintiff while the Respondents herein were the Defendants, in the same order of appearance.

3. The facts averred by the Appellant before the learned Trial Court were that, he is the owner in possession of two plots of land bearing Khasra No. 366 measuring an area of 0.2020 hectare and Khasra No. 366/506, measuring an area of 0.0760 hectare, falling under Singlitam Block, Malli Elaka, Gyalshing, West Sikkim, from 1978 having purchased the property from one Sancha Man Subba (Respondent No. 4), son of Kalu Ram Subba, resident of Darap, West Sikkim, in the year 1978, the said property being the share of Respondent No. 4, inherited from his father. The sale was effected between them by executing Exhibit 1 - 'Dha





























































































































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