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Judgment
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).
