Sikkim Court August 2004 Judgments
Karma Denka Bhutia and anr. Vs. Sarki Lamu and anr.
Court: Sikkim
Decided on: Aug-11-2004
Reported in: AIR2004Sik33
R.K. Patra, C.J.1. Plaintiffs are the appellants in this second appeal which is directed against the decree dated 27-6-2003 of the learned District Judge, Special Division-I, Sikkim in Civil First Appeal No. 1 of 2002 who has dismissed the suit by reversing the decree dated 28-2-2001 of the Civil Judge (East) at Gangtok in Civil Suit No. 31 of 1997.2. The appellants instituted the suit against the original defendant Lakpa Sherpa (the respondents are his legal representative) for declaration that they are the absolute owners of a two storeyed wooden house measuring 15' x 40' situated at Rongli Bazar (hereinafter mentioned as the suit premises), that the entry in the records of rights in respect of the suit premises in the name of the original defendant is incorrect and for permanent injunction restraining them from interfering with their peaceful possession of the suit premises.The case is of the appellants that one Goley Gyalpu Bhutia was the owner of the suit premises. His son was Lak...
Tag this Judgment!Nar Bahadur Khatiwada Vs. State of Sikkim and ors.
Court: Sikkim
Decided on: Aug-11-2004
Reported in: AIR2004Sik41
R.K. Patra, C.J.1. By this petition under Article 226 of the Constitution of India, the petitioner seeks quashing of Notification No. 13(789)/L.R.(S) dated 3-3-1987 of the State Government in the Land Revenue Department (published in the Gazette dated 5-3-1987) at Annexure A1 made under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) and the Notification No. 1(789)/L.R.(S) dated 25-8-1987 of the same department (published in the Gazette dated 27-8-1987) at Annexure A made under Section 6(1) of the Act. The petitioner also questions the validity of the Land Acquisition (Sikkim) Amendment Act, 1992.2. The writ petition was originally filed by Kazi Lhendup Dorji Khangsharpa as petitioner No. 1 and Nar Bahadur Khatiwada as petitioner No. 2. In his application dated 17-11-1988 Kazi Lhendup Dorji Khangsharpa sought permission to withdraw the writ petition saying that he did not want to proceed with the matter. By order dated 6-9-1990 this Court allowed his...
Tag this Judgment!- ‹ Prev
- Next ›