MARIO COTTA PEREIRA Vs. STATE OF GOA

JUDGEMENT

(1.) This appeal is directed against order dated 12/04/1999 of the learned Civil Judge, Senior Division at Margao in Special Civil Suit No. 199/1993, by which preliminary issues of limitation and jurisdiction have been decided against the plaintiff and, consequently, the suit filed by the plaintiff has been dismissed.

(2.) The parties hereto shall be referred to in the names as they appear in the cause title of the said Special Civil Suit.

(3.) The plaintiff filed the aforesaid suit for the recovery of possession of the suit property and in the alternative for recovery of compensation at the rate of Rs. 300/- per square meter with interest at the rate of 15% per annum. The suit was filed on or about 9/07/1993. There is no dispute that the suit property known as "MANIQUEM GRANDE" and "MANIQUEM PEQUENO" having land registration no. 30 of old series and presently surveyed under survey nos. 44/1 to 8, 45/1 to 7, 46/1to7, 48, 49/1 to 12 and 50/1 to 4 came to be requisitioned by the then Administrator of the Union Territory of Goa, Daman and Diu under Section 29 of the Defence of India Act, 1962, by order no. ES/1/64 dated 14/01/1964 for rehabilitation of displaced persons due to the requisition and subsequent acquisition of land for the establishment of 2 STC at Navelim.