JUDGMENT

Bhaskar Raj Pradhan, J. - The defendants are in appeal against a judgment rendered by the learned District Judge, South Sikkim at Namchi (learned Trial Judge) in a title suit filed by the respondent herein as the plaintiff.

2. The facts relevant to decide the present appeal are as under:

(a) The respondent who was the plaintiff in title suit no. 2 of 2017 approached the court with a suit for declarations, injunctions and other consequential reliefs. It was the respondent's case that he had purchased plot no. 311, 312 and 313 ad-measuring 0.5960 hectare, 0.0460 hectare and 0.1.1140 hectare totalling to 1.7560 hectare (4.3391 acres) at Samardung falling under Burul Block, Elakha Bermoik, District Namchi, South Sikkim vide registered sale deed bearing book no.1, volume no.2, sl. No.32 registered on 17.01.2013 in the office of the sub registrar from one Smt. Jhumki Doma Bhutiani and became the absolute owner of the suit land.

(b) The respondent further pleaded that after the purchase of the suit land he had been in its unencumbered physical possession on and from 09.10.2012. It is the respondent's case that he has since demarcated the disputed suit land with the help of the concer