KUL BAHADUR GURUNG Vs. GAJENDRA GURUNG

JUDGEMENT

(1.) This Civil Revision Petition is directed against the impugned order dated 3-5-2006, passed by the Learned District Judge, (South and West) at Namchi in Title Suit No. 5 of 2004, rejecting an application dated 24-4-2006 filed by the petitioners, seeking permission to validate an unregistered sale deed dated 6-2-1968 (Annexure-A1) by paying penalty in terms of Notification No. 2947G dated 22-11-1946.

(2.) The relevant facts of the case, in short, are that the principal Private Respondent Nos. 1 to 17 herein filed Title Suit No. 5 of 2004 in the Court of Learned District Judge (South & West) at Namchi against all the defendants/petitioners and the Proforma Respondents claiming partition of the suit properties covered by Plot Nos. 47, 162 and 428 situated at Mangmoo Block, P. S. Dentam, West Sikkim from the defendant/ Petitioners and of plot Nos. 374 and 383 located in the same block from the Proforma Respondent Nos. 18 to 20.

(3.) The case of the Principal Respondent Nos. 1 to 17 as plaintiffs in the said Title Suit is that, one late Pirthidhoj Gurung had three sons namely late Kalu Singh Gurung, late Devi Prasad Gurung and late Bhakta Bahadur Gurung. The properties, which are now in dispute, are the partition share of late Bhakta Bahadur Gurung who died issueless at Kalimpong, West Bengal, where he had permanently settled down. Since they are the descendants of late Kalu Singh Gurung and Devi Prasad Gurung, they are entitled to their respective shares in the suit properties from the Petitioners and the Proforma Respondent Nos. 18 to 20. It is their further case that while the Proforma Respondent Nos. 18 to 20 are agreeable to share the properties with Respondents, the Petitioner Nos. 1 to 17 who are defendants in the suit are resisting the claim of the Proforma Respondents on the ground that they are the purchasers of the properties in question. Their case is that they had purchased the suit properties from late Bhakta Bahadur Gurung in the year 1968, vide sale deed dated 6-2-1968 (Exhibit A-1). However, the seller, late Bhakta Bahadur Gurung, who was old and infirm at the relevant time, died in the same year and, as such, they could not complete the formalities of registration of sale deed (Exhibit A-1) as per relevant rules. Since this unregistered sale deed was required to be produced in support of their title in the aforesaid title suit, they moved an application dated 24-4-2006 before the Learned District Judge for permission to pay penalty in terms of Notification No. 2947G dated 22-11-1946 and to exhibit the same in the suit to support their claim to the suit property. The said application was, however, rejected by the Learned District Judge vide Order dated 3-5-2006. Aggrieved by this Order the defendant petitioners have come up in the present revision petition.