SHRIKANT SHAMBU VOLVOIKAR Vs. NARENDRA PANDU CHATIM

JUDGEMENT

(1.) This is a second appeal. It was admitted on 21-7-2000 on the follow-ing substantial questions of law: -

(2.) The answer to the first question is in the negative and to the second question is in the affirmative. Both the said questions can be taken up together. Some facts are required to be stated to answer the said two substan-tial questions of law.

(3.) The dispute is regarding property sur-veyed under Nos. 5/4 and 5/1 of Village Gaolim Moula in Tiswadi Taluka. The sur-vey records showed the name of "Mrs. Mira Pinto" in the Occupant's column and that of the present appellant in the Tenant's column. The name of one Narayan B. Shirodkar was shown in Tenants column of Survey No. 5/4 along with that of appellant. It appears that the respondent Nos. 1 and 2 (plaintiffs in R.C.S. No. 156/1995) had a mortgage in their, favour of a property described under No. 7987 constituted by "Lourdes Raquel Milagrina Pinto of Sangolda". The said respondents as plaintiffs filed the said civil suit against two defendants, inter alia, for declaration that they were owners in possession of the suit property. Defendant No. 1 was described as "unknown heirs of late Lourdes Raquel Milagrina Pinto also known as Raquel Milagrina Pinto who was from Sangolda, Bardez, Goa, now residing at unknown place". Defendant No. 2 was described as "Mrs. Mira Pinto, residing at unknown place".