Decided on September 29,2020

Chewang Dorjee Bhutia Appellant
Ruth Haleem Respondents


Arup Kumar Goswami, J. - (1.)The appellant had filed a suit in the Court of Civil Judge, South Sikkim at Namchi, registered as Title Suit No.04/2007, against the plaintiff of Civil Suit No. 23 of 1980 as defendant no.1 and District Collector, South District, Namchi and Sub-Divisional Magistrate, Rabongla, as defendant nos. 2 and 3, respectively, with the following prayers :
"(a) To declare the plaintiff as the rightful owner of the schedule land.

(b) Impound the Purcha of Defendant No.1 bearing No.32/170 issued in the name of Ruth Karthak Lepcha pertaining to plot no.129, 53/813 and 58/814.

(c) For a decree cancelling the Parcha Khatyan No.32/170 issued in the name of Ruth Karthak Lepcha.

(d) Alternatively, to declare that the Plaintiff has acquired right, title and ownership over the schedule land by way of adverse possession against the Plaintiff.

(e) Pass such other and further order/s as this Hon'ble Court deem fit and proper in the facts and circumstances of the case, in the interests of justice and equity."

(2.)The schedule of the plaint reads as follows: SCHEDULE
"All that piece and parcel of immovable property being portions of land bearing Plot/Khasra No.53 and 58 admeasuring 0.6200 and 0.1800 hecters respectively situated in Rabang Block, Ben-Namphrik Elaka, Rabongla, South Sikkim which is butted and bounded as follows:

East: C.F of Ruth Karthak

West: Reserved Forest

North: C.F. of Sherab Bhutia and Cho Lhamu

South: C.F. of Ruth Karthak"

(3.)The aforesaid suit was transferred to the Court of Civil Judge, Junior Division at Mangan, North Sikkim, wherein the same was registered as Title Suit No. 04 of 2014. The suit was dismissed by the learned Trial Court by judgment and decree dated 30.09.2015. The appeal preferred by the appellant being Title Appeal No.1 of 2015 having been dismissed by the learned District Judge, North Sikkim by judgment and decree dated 09.06.2016, the appellant has filed this Second Appeal.

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