PANDUMAN RAI Vs. STATE OF SIKKIM AND ORS.

JUDGEMENT

(1.) BY filing this Appeal the Appellant -Plaintiff seeks to assail judgment dated 29 -03 -2014 of the Learned District Judge, South Sikkim at Namchi in Title Suit No. 8 of 2009 by which suit for possession, mesne profits/damages, permanent and mandatory injunctions filed by him against the Respondents -Defendants in respect of certain plots of land situated at Chumlok Block, Tinkitam, Namchi, South Sikkim, was dismissed.

(2.) (i). Briefly stated, the case of the Appellant -Plaintiff in the suit so far as it relevant for the purpose of this Appeal is that he is the lawful owner of the suit land bearing Khasra Nos. 168, 214 and 218 measuring 1.93380 hectares situated at Chumlok Block, Tinkitam, Namchi, South Sikkim. The Respondents -Defendants, however, took over possession of it without acquiring it in accordance with law and unauthorisedly raised structures thereon. That the Appellant -Plaintiff was unaware of his right over the suit land as it was kept concealed from him by the Respondents -Defendants mis -representing that it belonged to the Government. The Respondents -Defendants had thus played fraud upon the Appellant -Plaintiff and trespassed into the suit land dispossessing him of it in 1985. It was averred that as the Respondents -Defendants were trespassers they were liable to deliver possession of the suit land to the Appellant -Plaintiff and to pay damages and mesne profits for its unauthorised use and occupation since 1985 with interest until its possession was handed over to the Appellant -Plaintiff.

(3.) (i). The Trial Court upon consideration of the pleadings and submissions of the parties, framed the following issues: - -