ONGDI SHERPA Vs. NIM TEMBA SHERPA

JUDGEMENT

(1.) Ongdi Sherpa-the appellant (the plaintiff) having suffered two judgments against him by the Trial Court as well as the Appellate Court has sought to question the verdicts once again. The solitary substantial question of law framed by this Court in the present regular second appeal is: "Whether the learned First Appellate Court by ignoring material evidence given by Court Witness No.1, Surja Maya Sunwar, endorsed the finding of the Learned Trial Court?" Shri. Ongdi Sherpa vs. Shri Nim Temba Sherpa & Ors.

(2.) The above question arose since in the opinion of the learned Trial Judge the question of possession of the suit property was a crucial issue raised by the plaintiff as well as the defendants. Facts

(3.) Title Suit No. 02 of 2021 (the suit) was filed by Ongdi Sherpa-the appellant (the plaintiff) who was a resident of Dentam Bazar, West Sikkim against six respondents (the defendants) who were residents of Sankhu Block, West Sikkim. Nim Temba Sherpa (D.1/D.W.1), Passang Namgyal Sherpa (D.2) and Passang Norbu Sherpa (D.3) were the sons of late Nima Ongdi Sherpa and arrayed as defendant nos. 1, 2 and 3 respectively. Sangay Sherpa (D.4) and Mingma Gyaltsen Sherpa (D.5/D.W.2) were sons of Dawa Temba Sherpa who were arrayed as defendant nos. 4 and 5 respectively. Lakpa Sherpa (D.6) son of Nim Temba Sherpa (D.1/D.W.1) was defendant no.6.