BISHNU KUMAR RAL Vs. MAHENDRA BIR LAMA

JUDGEMENT

(1.) The judgment and decree passed by the learned District Judge, South and West at Namchi, South Sikkim in Civil Suit No. 13 of 2002 is the subject matter under challenge in this appeal.

(2.) The facts of the case, in a short compass, are as follows :- The two minor plaintiffs, namely, Mahendra Bir Lama and Shoundarya Bir Lama represented by their mother and legal guardian Smt. Anjita Lama, the principal respondents herein, Instituted a suit being Civil Suit No. 8 of 2000 before the Court below for the following reliefs :-

(3.) The learned trial Court decided the case after recording the statement of the witnesses produced by the parties and after perusal of evidence on record, thus decreeing the suit and declaring that the plaintiffs have got their right, title and interest over the suit land and defendant No. 2 (proforma respondent-father) had/has no right to sell the suit property and also that the appellant/defendant No. 1 has no right, title and interest over the suit land and as such, the plaintiffs, the principal respondents herein, are entitled to the decree for recovery of possession of the suit land i.e. two plots of land measuring 100' x 12' and 60' x 6' (in total 1560 sq. ft.) of the land situated at Sichey Block Gangtok bearing Khasra No. 631/ 1147 (earlier it was 631) Khatian No. 256 recorded in the name of the defendant No. 2, out of the properties described in Schedule 'A' of the plaint with the boundaries described in the schedule of the plaint.