High CourtsSingle Bench(2018) 08 SIK CK 0007

Ashok Kumar Subba vs Amal Kumari Subba And Others

Sikkim High Court · Decided on 16 August 2018

HON’BLE JUDGES
MEENAKSHI MADAN RAI, J · BHASKAR RAJ PRADHAN, J
RESULT
Disposed Off
CASE NUMBER
Civil Revision Petition No. 4 of 2018

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Judgment

35 paragraphs · 332 words

TITLE SUIT NO. 412 OF 2013,TITLE SUIT NO. 33 OF 2014

a) Whether the defendant no 1 is the absolute owner

of suit property being the purchaser of the same with

her own monetary source? (onus on defendant no.1)","a. Whether the plaintiff is the absolute owner of the

suit property having bought the same from his

earnings; onus on the plantiff;

b) Whether the document “agreement for saleâ€

dated 27/03/2008 between the Plaintiff and def. no.1

is null and void and against the law of the land? (onus

on defendant no. 2)","b. Whether the defendant no 1 is the bonafide and

absolute owner of the suit property having purchased

the same from her Stridhan; onus on defendant no. 1;

c) Whether the suit property suit was purchased by

defendant no 2 from his earnings in the benami of his

wife, Defendant no 1? (onus on Defendant no. 2)","c. Whether the defendant no 1 has the right to sale the

suit property to defendant no 2; onus on defendant

no.1.

d) Whether the defendant no. 2 has locus standi to file

the counter claim against the plaintiff with respect to

the suit premises? (onus on defendant no. 2)","d. Whether the sale deed dated 21.04.2014 and other

related documents with respect to transaction of the

suit property are illegal, viod, in-operative and against

the law of the land; onus on the plaintiff;

,"e. Whether the defendant no 2 is a bonafide purchaser

of the suit property having paid consideration amount

for the same and whether he is not prevented from

schedule (sic) caste and schedule (sic) tribes laws in

Sikkim; (onus on def. no. 2)

,"f. Whether the plaintiff has the sole authority to deal

with the suit property in the capacity of karta of the

family; onus on the Plaintiff;

,"g. Whether the plaintiff is the absolute owner of the

suit property having purchased the same with his

personal earnings in the benami of his wife, i.e.

defendant no 1; (onus on Plaintiff).