LAWS(KAR)-2012-6-202

LUCY PINTO SINCE Vs. GLARY D SOUZA

Decided On June 01, 2012
LUCY PINTO Appellant
V/S
GLARY D SOUZA Respondents

JUDGEMENT

(1.) Appellant has called in question the legality of the Judgment and Decree passed on 30.07.2007 in'R.A. No.208/2004 by the learned Civil Judge (Sr.Dn.), Mangalore D.K., confirming the Judgment and Decree dated 30/.10.2004 passed in O.S. No.424/2004 by the learned Civil Judge (Jr.Dn.), Mangalore, D.K., dismissing the suit filed by the appellaht.

(2.) The material facts in a nutshell are as follows: -

(3.) Plaintiff is the owner of the plaint 'A' schedule property and defendant is the owner of the plaint 'B' schedule property. Both the said items of properties earlier belonged to the late Flora Correa i.e., mother of the Plaintiff, who acquired the same under a sale deed dated 04.01.1957. She released her undivided half share in the suit property in favour of the plaintiff under a release deed dated 24.05.1963. The plaintiff,' subsequently settled the said joint property on her father Mr. Camil Pinto. Upon demise of Mr. Camil Pinto, the plaintiff and her brother Joseph Pinto got the joint property divided into two shares under a partition deed dated 24.04.1971, wherein, the property described in the schedule 'B' of the said partition deed was allotted to the plaintiff and the property described in schedule 'A of the partition deed was allotted to the share of Mr. Joseph Pinto. Defendant purchased the property of Mr. Joseph Pinto under a sale deed dated 20th June 1984. The southern side of the plaint 'B' schedule property abuts public road known as "Suterpet 4th Cross Road".