IMPORTANT POINT
When a document fails to enable a Court to ascertain its terms with reasonable clarity, benefit of doctrine of part performance cannot be applied.

Meenakshi Madan Rai, J.—This Appeal has wound its way to this Court on the Appellant being aggrieved by the concurrent findings of the learned Civil Judge, West Sikkim at Gyalshing, in Title Suit No. 2 of 2014 and the learned District Judge, West Sikkim at Gyalshing, in Civil Appeal No. 1 of 2014, which dismissed his suit seeking Declaration, Confirmation of Possession, Mutation and other Consequential reliefs.

2. Before the learned Trial Court, the Appellant was the Plaintiff while the Respondents herein were the Defendants, in the same order of appearance.

3. The facts averred by the Appellant before the learned Trial Court were that, he is the owner in possession of two plots of land bearing Khasra No.366 measuring an area of 0.2020 hectare and Khasra No. 366/506, measuring an area of 0.0760 hectare, falling under Singlitam Block, Malli Elaka, Gyalshing, West Sikkim, from 1978 having purchased the property from one Sancha Man Subba (Respondent No.4), son of Kalu Ram Subba, resident of Darap, West Sikkim, in the year 1978, the said property being the share of Respondent No.4, inherited from his father. The sale was effected between them by executing Exhibit 1 – ‘Dhan Rashid’ on 15.7.1978, scribed by one Karna Singh Subba, since deceased. That, Exhibit 1 remained unregistered as valid partition of the inherited properties between the brothers, Respondents No.3 and 4 remained incomplete, but the Appellant remained in continuous and undisputed physical possession of the said properties since purchase and paid all government taxes to the concerned departments in the name of Kalu Ram Subba. That, around 1989-90, the Appellant received compensation from the concerned Department on account of damage caused to his property due to construction of a power project at Rimbi. In October 2002, the Appellant came to learn that the Respondent No.3 was attempting to transfer the above properties in his name to avail compensation from the Government who proposed to acquire the property. The Appellant vide letter dated 25.10.2002 protested this step and apprised the District Collector of the facts as above to which no response was forthcoming. To the contrary, Respondent No.3 lodged a false complaint in November 2005 before the concerned Panchayat President of Darap, West Sikkim, where on being summoned the Appellant attended and explained his stand before the Panchayat by way of documents pertaining to the scheduled property, the Respondent No.3 failed to put in an appearance. In November 2005, the Appellant came to learn that the scheduled properties excluding a certain portion had been sold to the Tourism Department, Government of Sikkim, to which he again protested to the concerned Department vide letter dated 16.11.2005 enclosing title deeds of the scheduled property. The same month Respondent No.3 lodged a complaint before the District Collector, West Sikkim, that the scheduled properties was sold by him to the Government but the Appellant was erecting a house therein. The matter was referred to the Lok Adalat, in vain. The Appellant then issued a Section 80 Notice under the Code of Civil Procedure, 1908 (hereinafter ‘CPC’) to the Tourism Department but this was followed by a false complaint against the Appellant by the Tourism Department before the District Collector, West Sikkim, upon which the District Collector registered a case against him under the Sikkim Public Premises (Eviction of Unauthorized Occupant and Rent Recovery) Act, 1980 and issued Notice. The Respondents have thereafter continuously threatened to dispossess the Appellant illegally from his property and hence, the Title Suit filed by him which was decided against him as also the Appeal, which went against him.

4. The Respondents No.1 and 2 filed a joint Written Statement denying and disputing the claims of the Appellant and asserting that in the year 2002 the Defendant No.3 who was in possession and enjoyment of his partition share of ancestral property, volun