MARIA ERTA TEREZA GOMES Vs. JOSE COELHO

JUDGEMENT

(1.) The present Second Appeal challenges the Judgment and Decree dated 10th December, 2004, passed in Regular Civil Appeal no. 14 of 2001 by the learned Addl. District Judge-3, South Goa, at Margao.

(2.) The Appeal has been admitted on the following substantial question of law :

(3.) The Respondents filed the suit praying inter alia for declaration that they are the owners in possession and enjoyment of the suit property surveyed under survey no. 15/1 of Village Issorsim Taluka, Mormugao, and that the Appellant has no right, title or interest of whatsoever nature in the suit property. By Judgment and Decree dated 8th January, 2001, the learned Civil Judge, Junior Division, at Vasco da Gama, dismissed the suit filed by the Respondents. The learned Judge while interpreting the Wills based on which the claims were put forward by the Plaintiffs, came to the conclusion that since the Respondents admitted that his mother and father established themselves in the ancestral house, they are not entitled to any further share in the properties of the testatrix and that the Appellant and her sister acquired right to the suit property.