JUDGMENT

Bhaskar Raj Pradhan, J.:--

1. This is a regular second appeal. Ram Janam Prasad, the respondent herein was the original plaintiff in Title Suit No. 10 of 2014 filed against Ram Das Prasad and the Secretary, Urban Development & Housing Department, Government of Sikkim, the original defendants. The suit was styled as suit for declaration, injunction and consequential reliefs. After the trial, the learned Trial Court decreed the suit vide judgment and order dated 31.08.2017. The learned Trial Court had framed two issues. The first issue was decided in favour of the plaintiff. The second issue was decided against the plaintiff. The findings of the learned Trial Court with regard to issue no.2 was not assailed by the plaintiff. The defendant no.1, however, assailed the judgment and decree passed by the learned Trial Court. In Title Appeal No. 13 of 2017 (Ram Das Prasad v. Ram Janam Prasad & Another), the learned District Judge, Special Division-I at Gangtok, East Sikkim (Appellate Court), examined the title appeal vis-à-vis issue no.1, framed by the learned Trial Judge which was: “(i) Whether the suit property measuring 40’ x 15’ was first occupied by the father of the plaintiff