KIRAN LIMBOO Vs. KUSSANG LIMBOO

JUDGEMENT

(1.) This Appeal assails the Judgment and Decree dated 08.06.2017 in Title Suit No. 06 of 2014 (Shri Kussang Limboo and Another v. Shri Kiran Limboo) vide which the Suit of the Respondents/Plaintiffs was decreed.

(2.) The Appellant was the Defendant before the learned trial Court and the Respondents No.1 and 2, brothers, were Plaintiffs No.1 and 2 respectively. The parties shall be referred to in their order of appearance before the learned trial Court.

(3.) Before embarking on the merits of the matter, a brief narration of the facts is imperative. The Plaintiffs claimed to be owners of 'Schedule A' property being land bearing plot No.534, Khatiyan No.593, measuring .1300 hectares, under Hee Block, Gyalshing, West Sikkim with 'Schedule B' property, a house measuring 18 feet x 12 feet, standing on a portion of the said land. Consequent upon the demise of the Plaintiffs' parents in 2006, and on Plaintiff No.1 attaining the age of majority on 25.07.2014, the suit property was mutated in his name. The Plaintiffs sought eviction of the Defendant from the suit property alleging that his possession over it was illegal and that the property was required for their own use. That, a previous Suit being Title Suit No.07 of 2012 filed by the Plaintiffs against the Defendant on a different cause of action before the learned trial Court had been withdrawn and the instant Suit filed. The Plaintiffs sought the following reliefs;