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HIGH COURT OF SIKKIM
KRISHNA BAHADUR CHETTRI AND ORS. – Appellant
Versus
RAMESHWAR MANDIR COMMITTEE – Respondent
JUDGMENT :
Bhaskar Raj Pradhan, J.
1. Krishna Bahadur Chettri and five others (the appellants) have preferred a second appeal under section 100 of the Code of Civil Procedure, 1908.
2. The provision reflects that an appeal shall lie to this Court from every decree passed in appeal by any Court subordinate to the High Court, if the High Court is “satisfied that the case involves a substantial question of law”.
3. The sole respondent is Rameshwar Mandir Committee represented by its President. The appellants had filed a declaratory suit No.18 of 2016 (the suit) against the respondent. For the purpose of this appeal the parties shall be referred to as the plaintiffs and the defendant hereinafter.
4. The plaintiffs’ case in short was that they were the heirs of late Harka Maya Chettri who owned the suit land purchased in the year 1963 from one Kul Bahadur Tamang through a registered sale deed. They asserted that late Harka Maya Chettri was the grandmother of plaintiff nos. 2 to 4 and mother of plaintiff nos. 1 and 5. In the cause title the plaintiff no.1 is reflected as son of late John Jackson. Plaintiff nos. 2 to 5 are reflected as sons of late Harka Bahadur Chettri and plaintiff no. 6 is
The burden of proof lies with the defendant to substantiate claims over the disputed land, a failure results in dismissal of appeal.
The record of rights (Khatian) is presumptive evidence of ownership, establishing Rayati rights until disproved, leading to recovery of possession.
Ownership must be substantiated by credible documentary evidence; mere revenue entries are insufficient to establish title against documented claims.
Proper identification of property ownership is essential in disputes, and prior deeds must reflect accurate details to establish rightful title.
Mere entries in revenue records do not confer title; to maintain a suit for declaration, a party must also seek possession.
Plaintiff's subsisting title must be established to claim possession. Adverse possession claim requires fulfillment of specific requirements.
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