STATE OF SIKKIM Vs. SHOVA RAI @ WANGDI

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 30-06-2011 passed by the District Judge, Special Division-II, East Sikkim at Gangtok in Title Appeal Case No.07 of 2010 whereby the judgment and decree of the trial Court dated 24-02-2005 passed in Title Suit No.05 of 2004 titled Smt. Shova Rai @ Wangdi vs. State of Sikkim & Anr. has been reversed.

(2.) FACTS relevant are for the purpose of the present appeal are being noticed hereinafter. The sole respondent Smt. Shova Rai @ Wangdi was allotted a house site at Daragaon, Jorethang, South Sikkim bearing Plot No.35 vide allotment order No.72(5)1917/UD&HD dated 25-09-1996 for which a valid lease deed dated 24th/25th September, 1996 was also executed. Respondents' contention was that the allotted land was illegally encroached upon by third person and thus, she could not be put in possession. Plaintiff thereafter applied for another house site at Namchi on 01-05-1998. She also made a separate petition for transfer of the Plot No.35 earlier allotted to her in the name of her daughter, Ms. Ranjita Rai. Her request for transfer came to be acceded to by the appellants herein and the Plot No.35 was eventually transferred in favour of Ms. Ranjita Rai vide lease deed dated 22-06-1998.

(3.) ONE Taraman Chettri filed a Public Interest Litigation being Writ Petition No.12 of 2000 before this Court somewhere in January, 2000 impleading the plaintiff, her second husband Mr. Sonam Wangdi, Ms. Ranjita Rai and other family members as respondents challenging the allotment made in favour of the respondent herein. This Writ Petition came to be disposed of vide judgment dated 27-09-2000 reported in AIR 2001 Sikkim 1 (Taraman Chettri and others vs. Union of India and others). While disposing of the writ petition, besides various other directions, the Government was asked to decide whether the lease deed dated 19-09-1998 in respect of site measuring 30'x35' at Namchi Hat Bazar in favour of responder herein and the allotment made subsequently thereto measuring the total area about 4050 sq. ft. should be cancelled in view of the provisions of The Sikkim Allotment of House Sites and Construction of Building (Regulation and Control) Act, 1985 particularly Section 5 thereof after affording hearing to the concerned parties.