DEVI MAYA CHETTRI Vs. MAHESH CHETTRI

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dated 30.07.2015 passed by the learned District Judge, Special Division-II, at Gangtok in Title Suit No.10/2014 dismissing the suit, which was filed for declaration of right, title and interest in respect of the suit properties described in the Schedule- A,B and C to the plaint and for recovery of khas possession of the suit properties by evicting the defendant and his family members, agents, etc., for permanent injunction and for compensation of Rs.10,000/- per annum from the date of filing of the suit till recovery of possession.

(2.) The Schedule of the plaint reads as follows:

(3.) The suit was filed by Karna Bahadur Chhetri, husband of the appellant, against Lall Bahadur Chettri in the court of District Judge, East and North Sikkim, wherein the same was registered as Title Suit No 12/2008. Subsequently, the suit was numbered as Title Suit No 10/2014 on being transferred to the Court of District Judge, Special Division-II, at Gangtok. The plaintiff had earlier filed a suit being Civil Suit No.28/1997 in the Court of Civil Judge, East Sikkim. The suit was valued at Rs.1501/-. It appears from an order dated 30.05.1998 passed in the suit that the defendant had raised a preliminary objection with regard to the valuation of suit and had filed a petition for rejection of the plaint. However, by the order dated 30.05.1998, the learned Court returned the plaint with a direction that suit be valued correctly and filed in an appropriate forum.