RAMESHWAR MANDIR COMMITTEE Vs. SHRI KRISHNA BAHADUR CHETTRI

JUDGEMENT

(1.) The impugned Order and Decree was passed by the Learned District Judge, South Sikkim at Namchi, in Title Suit No.02 of 2013, on 18-09-2014, based on a Compromise Petition dated 30-07- 2014, filed by the Respondents No.1, 2, 3, 4 and 5 herein, who were the Plaintiff and Defendants No.1 to 4 respectively, before the Learned Trial Court. In terms of the Compromise Petition the suit property was divided equally amongst the Respondents No.1 to 5. The Appellant who was the Defendant No.5 before the Learned Trial Court assails both in this Appeal.

(2.) Before the Learned Trial Court, the case of the Plaintiff was that, one Harka Maya Chettri, the grandmother of the Plaintiff, the Defendants No.1 to 3, and the mother of Defendant No.4, was the owner in possession of land measuring about 18.50 acres recorded in different plot numbers, situated in Kerabari Block, Malbasey, South Sikkim. After her death in July 1965, the Plaintiff and the Defendants No.1 to 4 became owners of the property in equal shares. That, Harka Maya Chettri during her lifetime had gifted away 2.65 acres of land from the above-mentioned property in favour of the Defendant No.5 the Appellant herein, for construction of a Temple. As per the Plaintiff, Defendant No.5 is now trying to encroach upon the entire suit property claiming to be the owner. It was also alleged that Defendant No.5 had in fact sold land to the Food Corporation of India for a sum of Rs.2,00,00,000/- (Rupees two crores) only, but due to an order of status quo, the registration of land could not be completed. It was further alleged that the land records were surreptitiously changed from the name of the Harka Maya Chettri to the name of the Defendant No.5 when in fact the gifted portion was only 2.65 acres. The Plaintiff apprehending disposal of the portions of the suit land by other parties, the same being unpartitioned at that relevant time, approached the Court claiming 1/5th share of the total land belonging to Harka Maya Chettri except the gifted area of 2.65 acres. The prayers of the Plaintiff are detailed in Paragraph 15 of the amended Plaint dated 21-10-2013.

(3.) The Defendants No.1 to 4 filed a Joint Written Statement, inter alia, admitting the averments in the Plaint to the extent that the land belonged to Late Harka Maya Chettri and 2.65 acres was gifted to Rameshwar Mandir Committee which had in fact sold the land to Food Corporation of India and the land records had been changed from the name of Harka Maya Chettri to the name of Defendant No.5 without their knowledge. They also admitted that they are in joint possession of the suit property, i.e., Plaintiff and the Defendants No.1 to 4. However, they denied that efforts were being made by them to dispose of the property without the knowledge of the Plaintiff and prayed that the Court partition the property as per Law declaring the share ofthe Plaintiff and the Defendants No.1 to 4.