ANTONIO ALEIXO RODRIGUES Vs. JOSE RODOLFO RODRIGUES

JUDGEMENT

(1.) The above First Appeal arises out of the Judgment and Order dated 23.12.1999, passed by the learned IInd Additional District Judge, South Goa, Margao, by which, the claim of the Appellant herein, party no.VI, for a share in compensation in respect of the acquired land, came to be rejected.

(2.) The impugned Judgment and Award arises out of the reference proceedings under Section 30 of the Land Acquisition Act, 1894, (hereinafter referred for brevities sake as the said Act). The said Reference proceedings had arisen on account of the dispute as regards the ownership of the acquired land admeasuring 4410 square metres from Survey no. 171/13, situated at Margao. In view of the said dispute, a reference was made under Section 30 of the said Act. The Respondents herein and the Appellant above named are the heirs of one Joaquim Paulino Rodrigues, who was their father. Upon the death of the said Joaquim, all his heirs executed a Deed of Partition and Agreement dated 31.08.1976, whereby all the properties of the said Joaquim as well as those to be allotted upon the death of their mother were divided and partitioned mutually by the said parties and party no. VI i.e. Appellant herein and his wife, as per the Partition Deed. One of the properties allotted to the Respondents herein, who were parties nos. I to V in the said reference proceedings, was known as "Aforamento" situated at Margao, described in the Land Registration Office under no. 28555. The Respondents herein claimed that the acquired land formed part and parcel of the property "Aforamento" which was allotted to them. They claimed that they are in possession and enjoyment of the said acquired land and that the Appellant herein and his wife have no interest in the acquired land.

(3.) Per contra, it was the case of the Appellant herein that the acquired land was not the subject matter of the Partition Deed and, therefore, he claimed equal right in the said land and resultantly claimed 1/4 th share in the compensation awarded. The Trial Court i.e. the reference Court, framed the following issues : <FRM>JUDGEMENT_156_TLMHH0_2010Html1.htm</FRM>