JUDGMENT :

Meenakshi Madan Rai, J.

The Plaintiffs are the Appellants before this Court, assailing the Judgment and Decree dated 29.02.2016 passed by the learned District Judge, South Sikkim at Namchi, in Title Suit No. 43 of 2013, dismissing the Suit filed by the Plaintiffs.

2. The case of the Appellants is that the Appellant No.1 was married to the Respondent in the year 1993 and Appellants No. 2 and 3 were born from the wedlock. They led a peaceful married life initially, both being government servants and posted in different places. In 1995, they rented accommodation in Namchi and started living in the same house. It is alleged by the Appellant No.1 that their marriage then entered a turbulent phase with the Respondent ill-treating her both physically and mentally. In May 2008, the house constructed on the disputed landed property was completed, therefore, they shifted residence there. Both the land and the house thereon are the subjects of dispute.

3. The Appellant No.1 asserts that the plot of land bearing Khasra No. 814 and Khatiyan No. 375 (described in the Schedule to the Plaint as Plot No. 320, measuring an area of. 0230 hectares) situated at Tinjer Block, South Division, Sout