ANTONIO SEBASTIAO PALHA Vs. NIQUELA PALHA (SINCE DECEASED) THROUGH HER LEGAL REPRESENTATIVES IGNACIO PEREIRA CONFRI BHAT AND OTHERS

JUDGEMENT

(1.) By this appeal the appellant takes exception to the judgment and award dated 13/12/2002 passed by the Additional District Judge, Panaji, in Land Acquisition Case no.88/1995 holding that the compensation payable in respect of the acquired land was payable to the respondents.

(2.) The facts relevant for disposal of the appeal are as under:

(3.) In Land Acquisition Case no.88 of 1995 the appellant (original applicant) examined himself, Ludovic Paulo Dias, AW.2 and Bosco Braganza, AW.3. The respondent Antony Felix Pereira, RW.1. Both the parties produced several documents in support of their case. Before the Reference Court the appellant claimed that he was the co-tenant whereas the original respondent claimed that she was the sole tenant. The Reference Court upon appreciation of the evidence held that both the parties did not prove tenancy and held that the evidence clearly suggested that on the date of publication of Sec. 4 notification the original respondent was in possession of the acquired land. Consequently, the Reference Court held that the respondent was entitled to 50% of the compensation.