TASHI LARGIAL AND ANOTHER Vs. SONAM TSOMO

JUDGEMENT

(1.) Appellants and respondent claim to be the legal heirs of one Mapan Paldan. Mapan Paldan had married two real sisters namely Diskit Yongdple and Chunzin. The respondent is the daughter of first wife namely Yongdole whereas appellants are children from second wife namely Chumzin. The dispute relates to the land under Khewat No.54 measuring 42 kanals 5 marlas and Khasra No. 2183 measuring 6 kanals situated at Chemday Tehsil Leh, which was owned by Mapam Paldan. The appellants claim to be the joint owner in possession of the property left by said Mapam Paldan with the respondent. On being denied the right to own and possess the aforementioned property, they filed a suit for partition by metes and bounds before the Sub Judge, Leh.

(2.) The claim came to be resisted by the respondent on the ground that the property having been mutated in the name of respondent, the appellants were not entitled to any share and secondly they had no right to claim the property as they were not legitimate heirs of Mapam Paldan . It was however, contended that they were given small share by oral sale of some portion of the property. During the trial, the appellants filed an application for seeking permission to place two documents namely Permanent Resident Certificate and Voter List on record to prove the paternity of Appellant No. 1 and the deceased mother of Appellant No. 2 with Mapam Paldan. The trial court dismissed the application on 6-9-2000 and dismissed the suit also on 25-11-2000.

(3.) An appeal was preferred against the aforementioned order before District Judge, Leh, who vide his order dated 25-6-2003 dismissed the appeal. It is under these circumstances, the present appeal has been preferred. The substantial questions of law have been framed by the appellants. The said substantial questions of law formulated by the appellants were adopted as substantial questions of law by this court vide order dated 15-4-2004.