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2018 Supreme(Sikk) 23

MEENAKSHI MADAN RAI
Himalaya Distilleries Limited – Appellant
Versus
State of Sikkim – Respondent


Advocates Appeared:
For the Appellant :Mr. Debashis Baruah, Ms Nirmala Upadhyaya and Mr. Passang Tshering Bhutia, Advocates.
For the Respondent:Mr. Karma Thinlay, Senior Government Advocate with Mr. Thinlay Dorjee, Government Advocate, Mr. S.K. Chettri and Mrs. Pollin Rai, Assistant Government Advocates, Mr. T.B. Thapa, Senior Advocate with Mr. T.R. Barfungpa, Advocate, Ms Yangchen D. Gyatso and Ms Tshering Palmoo Bhutia, Advocate, Mr. Sajal Sharma, Advocate, Mr. N. Rai, Senior Advocate with Ms Malati Sharma, Advocate.

JUDGMENT :

Meenakshi Madan Rai, J.

1. The Petitioner is a limited company registered under the provisions of the Registration of Companies Act, 1961 and is in the business of manufacturing and bottling of liquor at Majitar, Rangpo. The Petitioner’s case is that one late Kashi Raj Pradhan and his son, late Bhim Raj Pradhan, agreed to sell a plot of land situated at Baghey Khola, measuring 5.3160 hectares, recorded in their names as well as that of Swarup Raj Pradhan (Respondent No.8) and Kishore Raj Pradhan (Respondent No.9), late Kashi Raj Pradhan being their guardian. Towards this a Sale Deed was executed on 17.01.1983 between the Petitioner and late Kashi Raj Pradhan and the land transferred to the Petitioner while the Sale Deed was submitted to the Office of the Sub-Registrar for registration the same year. Evidently, registration was completed as a certified copy of the Sale Deed (Annexure P-1) was furnished to the Petitioner on 5.12.84, in terms of Rule 8 of the Registration of Document Rules, 1930 (hereinafter “Registration Rules”). That, the Petitioner has since been in possession of the land being of the impression that the right, title and interest thereof stood transferred

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