MAHINDRA GURUNG Vs. BHAGI MAYA GURUNG

JUDGEMENT

(1.) Heard Learned Counsel for the Appellants on Sec. 100 of the Code of Civil Procedure, 1908, at length.

(2.) I have also perused the impugned Judgment of the First Appellate Court in Title Appeal No.03 of 2020, dtd. 30/9/2023, as also the Judgment of the Learned Trial Court in Title Suit Case No.12 of 2018, dtd. 24/12/2019. Both the Learned Courts below have arrived at a concurrent finding. The Learned Trial Court had decreed the Suit of the Plaintiffs, the Respondents No.1 and 2 herein, having struck the following issues for determination, viz.;

(3.) On the Learned Trial Court analysing the evidence on record, all issues were decided in favour of the Plaintiffs and it was ordered inter alia that 'Their prayer that : A declaration that the Plaintiffs are the rightful owners and title holder of the suit property; an order cancelling the mutation of suit property in the names of D1 and D2; a decree directing the Registrar to have the suit property mutated in the name of the Plaintiffs; their prayer that a decree declaring that Plaintiffs are only entitled to the compensation amount lying in the office of the District Collector, Namchi, South Sikkim is granted.' The Title Suit No.12 of 2018 was disposed of accordingly.