RAMESHWAR PRASAD Vs. CHIEF SECRETARY, GOVERNMENT OF SIKKIM

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 30.03.2011, passed by the learned District Judge, Special Division-II, East Sikkim at Gangtok, in Title Suit No. 15 of 2008, by which suit filed by the appellants against the respondents for declaration, cancellation/quashing of documents, injunction and other consequential reliefs in respect of the suit properties was dismissed.

(2.) BRIEFLY stated, the facts of the case of the appellants are that, in the year 1947 and 1955, the ancestors of the plaintiffs, namely, Ram Das Ram and Ram Phal Ram purchased through registered Sale Deeds, two immovable properties, one being a two storied shop house bearing plot number 893 and the other a double storied dwelling house bearing plot number 882 behind the first one situated in the then Old Market, Gangtok Bazar, of which they are in possession until today. It is stated that after the demise of the ancestors, the father of the plaintiffs had inducted tenants in the two storied dwelling house on plot number 882, periodically constructing and demolishing various structures existing upon the plot of land.

(3.) ON consideration of the pleadings of the respective parties, the evidence and the records of the case, the crucial questions that require to be answered in the present case are :-