DATTARAM BHIKU WARANG Vs. YESHWANT HARI WARANG

JUDGEMENT

(1.) This second appeal throws challenge to the judgments and decrees dated 20.09.1996 and 16.06.2000 passed by the learned CJSD, Mapusa in RCS No.349/1984/A and the learned Additional District Judge at Panaji in RCA No.62/1996 respectively for granting relief of demarcation of the suit property in-loco, its possession and permanent injunction restraining interference or obstruction to the plaintiff's possession or enjoyment of the suit property.

(2.) The deceased respondent, now represented by his L.Rs., instituted a suit for demarcation, possession and perpetual injunction being Regular Civil Suit No.349/1984 against the deceased appellant Dattaram Warang and his wife Sumati in the Court of the CJSD, Bardez at Mapusa on 23rd November, 1984. It was in respect of middle portion, admeasuring 937 square meters, of the property popularly known as 'MODULEM BHAT' or 'URYACHO PATTO' surveyed under survey no.177/4 of village Siolim Dongormar belonging to one Minguel Antonio Fernandes and his wife Maximiana. Boundaries of the said property Modulem Bhat were as under : East - Paddy field of the heirs of Caetano Francisco D'Cunha West - Property of Marcelino Fernandes developed at present as a road of Gram Panchayt Siolim-Marne. North- Property of Warang family. South- Property of heirs of Vincentinho Noronha The middle portion having boundaries and dimensions as under : East - First plot belonging to the vendors having dimension of 27 meters, West - Third plot belonging to the vendors having dimension of 29.80 meters North- Residential house of Uttam Warang having dimension 32.90 meters. South- A strip of land 2 and meters in width reserved by the Vendors as an access to the said three plots having dimension 32.60 mts. was purchased by the deceased Yeshwant Warang - the plaintiff from the said Minguel Fernandes and Maximiana Fernandes by deed of sale dated 13th September, 1971 registered in the office of the Sub-Registrar of Bardez under No. 4889, Book No.I Volume 55, Pages 127 to 131. A deed of rectification dated 4th October, 1971 clearly defining the boundaries and dimensions of the middle portion sold to the deceased Yeshwant was duly executed and registered in the office of the Sub-Registrar of Bardez under No.4951 of Book I Volume 56, pages 133 to 136.

(3.) In the year 1972, the deceased Yeshwant instituted a suit for declaration of his ownership in respect of the property purchased as aforesaid, hereinafter referred to as the suit property, against the deceased appellant Dattaram Warang in the Court of CJSD of Bardez. He also prayed for restoration of land occupied by haystack and temporary structure and for perpetual injunction protecting his possession. He also prayed for mandatory injunction directing the deceased appellant to remove a fence put up around the Banana trees. This suit was registered as RCS No.11/1972. The learned Civil Judge,SD, Bardez dismissed the said suit vide judgment and decree dated 14th March, 1978. In the appeal i.e. Regular Civil Appeal No.129/1978 preferred before the District Court against the judgment and decree of dismissal of the said suit, the District Court declared the plaintiff the deceased Yeshwant Warang as the lawful owner of the middle plot purchased by him and admeasuring as per the dimensions given in the deed of rectification dated 4th October, 1971. The District Court, however, rejected the prayer for restoration of the possession, mandatory injunction without prejudice to the plaintiff's right to file another suit for the same relief after getting the plot purchased by him duly demarcated.