MAHESH CHETTRI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 30.07.2019, passed by the learned District Judge, Special Division-I, Sikkim at Gangtok, in Title Appeal Case No.12/2017, dismissing the appeal and affirming the judgment and decree dated 26.07.2017 passed by the learned Civil Judge, East Sikkim at Gangtok in Title Suit Case No.15/2016, rejecting the plaint by allowing an application filed by the defendant no.3 under Order VII Rule 11 read with Section 151 of the Code of Civil Procedure, 1908, for short, CPC, this Second appeal is filed.

(2.) The suit was filed by the father of the present appellants. The case of the plaintiff as set out in the plaint is that the plaintiff is the absolute owner of a plot bearing nos.342, 343, 344 and 346 (P) measuring a total area of 0.41 acres under Gangtok Block above Tibet Road, Gangtok, which will, herein after, be referred to as the 'suit property'. The suit was filed praying for declarations that the plaintiff is the absolute owner of the suit property and the possession of the defendants over the suit property is illegal and for recovery of possession.

(3.) It is pleaded that the then Chogyal gave the suit property to the father of the plaintiff in the year 1969 and that in that connection, Shri. P.T Namgyal, the then Maharaja of Sikkim had passed an order on 08.09.1981 to the following effect: 'We may write Mr. L.B Chettri that the land and house is granted to him in fulfilment of commitment made to his late father Mandal PB Chettri for loyal and meritorious services."