STATE OF SIKKIM Vs. NAR BAHADUR KHATIWARA
LAWS(SIK)-2010-9-11
HIGH COURT OF SIKKIM
Decided on September 30,2010

STATE OF SIKKIM Appellant
VERSUS
NAR BAHADUR KHATIWARA Respondents

JUDGEMENT

Dinakaran, J. - (1.) THE revision is directed against the Order dated 16.03.2010 of the learned District Judge, East & North Sikkim at Gangtok in Title Misc. Appeal No. 2 of 2010 confirming the Order dated 12.02.2010 made in Title Suit No. 1 of 2006 passed by the learned Sr. Civil Judge, East & North Sikkim at Gangtok, whereunder the Court below refused to try the 3 issues out of 13 issues as preliminary issues.
(2.) THE 13 issues framed in the above suit are: - "1.Does the plaintiff have locus standi to file this suit? 2.Is the suit barred by the principles of res-judicata? 3.Is the suit bad for non-joinder of necessary party? 4.Has the suit been properly valued and does this Court has pecuniary jurisdiction to entertain the present suit? 5. Is the suit maintainable? 6. Whether the gift deed has been executed delivering the possession of suit land by Kazi Lendup Dorji Khangsarpa in favour of the plaintiff prior to the initiation of the land acquisition proceeding by the defendants? 7. Whether the defendants are duty bound to register the Gift Deed dated 10.12.1986 executed by Kazi Lendup Dorji Khangsarpa in favour of the plaintiff in respect of the suit property? 8. Whether the defendants by acting upon the judgment dated 24.05.1989 passed in Writ Petition No. 6 of 1988 has recognized the plaintiff as the rightful owner of the suit property? 9. Whether the plaintiff has acquired right, title and interest over the suit properties under the unconditional and irrevocable gift deed Dated 10.12.1986 executed by Kazi Lendup Dorji Khangsarpa? 10. Whether the respondents could initiate a land acquisition proceeding against Kazi Lendup Dorji Khangsarpa when he had already gifted the suit land to the plaintiff relinquishing his right, title, interest and possession over the suit property? 11. Whether the defendants wrongly and knowingly made the payment of compensation to the erstwhile owner of the suit property Kazi Lendup Dorji Khangsarpa after he relinquished his right, title, interest and possession of the suit property? 12. Whether plaintiff has acquired right, title and interest by way of adverse possession over the suit land? 13. Any relief or relieves as the plaintiff is entitled to." The three issues sought to be tried as preliminary issues are: - "1. Does the plaintiff has locus standi to file this suit? 2. Is the suit barred by the principles of res-judicata? 3. Has the suit been properly valued and does this Court have pecuniary jurisdiction to entertain the present suit?" It is not in dispute that the suit itself is matured for trial and the respondent/plaintiff as well as appellants/defendants have already given list of 5 witnesses each and both sides are therefore, ready to face the trial.
(3.) IT is brought to the notice of this Court that the suit property has already been acquired by the Government in the public interest and the possession of the suit property has also been taken over by the Government. In that view of the matter, without going into the merits and demerits of their respective contentions in the above revision, suffice it to direct the learned trial Judge to take up the matter for trial on day to day basis and dispose the suit in the light of the evidence, both oral and documentary evidences, as expeditiously as possible, in any event within a period of 12 weeks, of course without being prejudiced by any of the observations made above. The Civil Revision Petition stands disposed of, accordingly. No cost.;


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