TULAMAYA CHETTRI Vs. YONARAYAN PRADHAN

JUDGEMENT

(1.) the defendants in civil suit no. 30 of 2002 have filed this writ petition challenging the order dated 28-11-2003 of the learned trial judge appointing an amin commissioner on the prayer made by the plaintiffs-respondents.

(2.) the respondents have filed the aforementioned suit asserting that they are the absolute owners of the land covered by plot no. 1998 (schedule 'a' land) situated at jitlang block, east sikkim having been inherited the same from their ancestors. They have been possessing it for more than a century. In the year 1997 the petitioners started claiming a portion of it to be theirs on the allegation that the petitioner no. 1 purchased it from one kalusingh tamang but as a matter of fact the land alleged to have been purchased by him does not appertain to schedule 'a' land. The petitioners filed civil suit no. 60 of 1997 for declaration of title in respect of the said land and the suit was dismissed in june, 2000. After dismissal of the suit, the petitioners entrpached upon schedule 'b' land which is part and parcel of schedule 'a' land. This has given cause of action to the respondents to filerthe suit for the following reliefs :

(3.) on the basis of the aforesaid pleadings of the parties, the trial judge by order dated 1-10-2002 has framed the following three issues :