MINGMA SHERPA Vs. PHURBA DOKPA SHERPA AND ORS.

JUDGEMENT

(1.) BY filing this Appeal, the Appellant -Plaintiff seeks to assail judgment dated 26 -10 -2013 passed by the Learned District Judge, South Sikkim at Namchi, in Title Suit No. 12 of 2008, by which a suit for declaration, confirmation of title, recovery of possession, mandatory injunction and consequential reliefs in respect of land bearing plots No. 558, 559, 560 and 553 measuring about 3.5080 hectares, situated at Perbing Block, South Sikkim, filed by the Appellant -Plaintiff against the Respondent -Defendant No. 1 and Proforma Respondents -Defendants No. 2 to 5, was dismissed.

(2.) THE Appellant -Plaintiff and his Late brother, Phurba Sherpa, are the sons of Late Tempa Dorjee Sherpa and the Respondents -Defendants No. 1 to 4 are the sons and Respondent -Defendant No. 5, the grandson of Late Nim Dorjee Sherpa respectively. Late Tempa Dorjee Sherpa and Late Nim Dorjee Sherpa were brothers.

(3.) THUS , in a meeting held on 20 -10 -1982, Nim Dorjee Sherpa executed a document, Exhibit 3, in presence of the Panchayat, villagers and members of the School Management Committee declaring, inter alia, that the land which actually belonged to the Appellant, was being taken care of it by him and that the remaining area after sale of the portion to the School was intact for the Appellant to take over if he returned and that no one else including his own heirs would have any claim over it. The document, Exhibit 3, was scribed by one Nima Rinchen Sherpa, P.W.2, who was a Primary Teacher of the School and was attested by 50 (fifty) persons including the Late Nim Dorjee Sherpa and the Respondent No. 1 as witnesses. Eventually, the suit land was mutated in the name of Nim Dorjee Sherpa who then gifted a portion of plot No. 559 measuring 0.2780 hectare in favour of the School by a registered Deed of Gift dated 02 -05 -1994, filed as Annexure A1 in CM Appl No. 370 of 2014.