SHYAM NARAYAN PRASAD Vs. KRISHNA PRASAD AND ORS.

JUDGEMENT

(1.) Defendant No.1, Shyam Narayan Prasad is the appellant before us. In this appeal he has questioned the legality and correctness of the judgment and decree dated 15.5.2006 passed by the High Court of Sikkim in RSA No.1 of 2005.

(2.) One Gopalji Prasad is the common male ancestor of the parties. The appellant and Laxmi Prasad, 5th respondent herein, are the sons of Gopalji Prasad. Respondent Nos. 1 to 3 are the sons of Laxmi Prasad and respondent No.4 is the son of the 1st respondent. Respondent Nos.1 to 4 are the plaintiffs in the suit, being Civil Suit No.10 of 2001, and the appellant and respondent Nos.5 and 6 are the defendants. No relief has been claimed against respondent No.6 (defendant No.3 in the suit). For the sake of convenience, parties are referred to by the ranking in the trial court.

(3.) The plaintiffs filed the aforesaid suit against the defendants for a declaration that the document dated 30.1.1990 (Exhibit P2) executed between defendant Nos. 1 and 2 is invalid and for certain other reliefs. According to them, the family property was partitioned on 31.7.1987 between Gopalji and his five sons, namely, Laxmi Prasad, Ayodhya Prasad, Shyam Narayan Prasad, Dr. Onkarnath Gupta and Suresh Kumar. In the partition Gopalji has retained some of the properties for his personal use till his death. Laxmi Prasad got his share of property along with half portion of existing two-storey RCC building situated at Singtam Bazar, East Sikkim, wherein presently a liquor shop is being run. Shyam Narayan Prasad was allotted a shoe shop at Manihari which is run on a rented premises owned by Gouri Shankar Prasad. He was also allotted other properties in the partition.