JIGMI PHUNCHOK BHUTIA Vs. AISHWARYA RAI

JUDGEMENT

(1.) This Appeal is filed by the defendant no.2/appellant questioning the legality and propriety of the Judgment of remand dated 25.09.2017 passed in Title Appeal Case No.04/2015 by the learned District Judge, Special Division'I, East Sikkim at Gangtok arising out of the Judgment dated 24.07.2015 passed against the plaintiff/respondent in Title Suit No.39/2014 by the Court of Civil Judge, East Sikkim at Gangtok dismissing the suit.

(2.) The plaintiff filed the suit seeking declaration that she is the daughter of Late Gyanson Rai @ Sonam Topden Bhutia inter alia pleading that her father joined British army in the year 1966. The people from Bhutia community were not recruited in British Army, therefore, he changed his name as Gyanson Rai in place of Sonam Topden Bhutia and joined the British Army. The said change of name was only to secure job in British army. Later he married with Ms. Rupa Rai nee Thakuri in 1976-77. Out of the said wedlock plaintiff was borne at Hongkong in the year 1977.

(3.) The plaintiff's father, after spending almost 20 years in service at Hongkong came to Kurseong on retirement and started living there. Again after sometime he could get the job at Bahrain. Later he came to Gangtok and stayed at Zigmee Building, old children Park, Gangtok. The real identity of Gyanson Rai @ Sonam Topden Bhutia came to the knowledge of the plaintiff after coming back of him from Bahrain. In 2014 plaintiff's father died and his last rituals were performed as per the traditions of the Bhutia community.