GOVERNMENT OF GOA Vs. MARIA JULIETA DSOUZA (D)

JUDGEMENT

(1.) This is an appeal against the final judgment of the High Court of Bombay at Goa allowing the first appeal against the judgment of the Trial Court dtd. 25/7/2007 that dismissed the suit filed by the respondent herein.

(2.) The suit came to be filed by the respondent(s) herein for declaration of title and injunction. The Trial Court dismissed the suit on two grounds: first, the plaintiff could not establish her title by way of a clear document of title in her favour. Second the suit is itself barred by limitation.

(3.) In appeal, the High Court considered the matter in detail and in so far as the first ground is concerned, the High Court referred to various documents including deeds evidencing the presence of title in favour of the plaintiffs' predecessor followed by their continuous possession and came to the conclusion that her title over the property is well-established. So far as limitation is concerned, the High Court held that the suit is within the period of limitation, apart from also noting that the question of limitation was not pressed by the Government before the Trial Court.