OLD RUMTEK MONASTERY FILED Vs. LAMA KARMA DORJEE

JUDGEMENT

(1.) The solitary question which requires examination in the present Regular Second Appeal is "Whether the learned Trial Court and the First Appellate Court failed to appreciate the documentary evidence relied on by the appellants in its correct perspective?"

(2.) The plaintiffs were the appellants in Title Appeal No. 06 of 2017 before the learned District Judge, Special Division-II, Sikkim at Gangtok (the learned District Judge). They are the appellants in the present Second Appeal as well.

(3.) Four issues had been framed by the learned Trial Court on 25.10.2016 and the suit set for trial. The learned Trial Court dismissed the Suit. However, on the question of maintainability of the suit, particularly on the point of limitation and locus standi of the appellants, it was held in favour of the appellants. The sole question framed by this Court is relatable to issue no. 2, i.e., "Whether the plaintiff no. 2 is the Dorje Lopen of Old Rumtek Monastery for his lifetime and have the right to perform pujas as head lama?" Since the appellants had sought such a declaration, the onus of issue no.2 was put on the appellants. The learned Trial Court decided the said issue against the appellants. The appellants, therefore, filed Title Appeal No. 6 of 2017 before the learned District Judge. The learned District Judge decided the said issue once again against the appellants and did not interfere with the findings of the learned Trial Court.