FURDEN TSHERING BHUTIA Vs. PAYZEE BHUTIA

JUDGEMENT

(1.) THIS Appeal arises from the impugned judgment of the Learned District Judge, South & West Sikkim at Namchi dated 13-03-2013 in Title Suit Case No.07 of 2004 by which the suit filed by the Appellants was dismissed.

(2.) THE facts of the case so far as relevant for disposal of this Appeal are that Title Suit No.07 of 2004 was filed by the Appellants against the Respondents No.1, 2 and 3, in the Court of the Learned District Judge, South and West Sikkim at Namchi, for declaration of title and other consequential reliefs in respect of plots No.76, 77 and 78 measuring about 0.2660 hectare, 1.3550 hectare and 0.1500 hectare respectively standing in the name of Late Topching Bhutia @ Topchen Bhutia (Lama) situated under Thangsing Block, Bermiok, South Sikkim. It is stated that the Appellants are the sons of Late Karma Tshering Pintso Bhutia @ Sepchung Bhutia who also died on 08-12-1981. Late Karma Tshering Pintso Bhutia @ Sepchung Bhutia, the father of the Appellants, was the only son of Late Topching Bhutia @ Topchen Bhutia (Lama) who was in enjoyment and possession of the suit properties during his entire lifetime along with the Appellants.

(3.) WITHOUT delving further into the facts of the case, it is sufficient for the disposal of this Appeal to record that the matter ultimately resulted in the Appellants filing Title Suit No.07 of 2004 in the Court of the Learned District Judge, South and West Sikkim at Namchi, inter alia, praying for declaration of their title over the suit properties and for cancellation of the Order of mutation passed by the Respondent No.6 which ultimately suffered dismissal by judgment dated 22-10- 2008. In the Appeal filed by the Appellants against that judgment being RFA No.07 of 2011, this Court having found that the Learned Trial Court had not considered and decided on all the 14 issues that it had framed, remanded the case back to the Learned Trial Court with the following directions:-