RANJIT SATARDEKAR Vs. JOE MATHIAS

JUDGEMENT

(1.) Rule. By consent heard forthwith.

(2.) This writ petition is directed against Judgment dated 14-2-2008 of the learned Administrative Tribunal, Panaji, by which the appeal filed by the petitioner against the Order dated 29-8-2007 of the learned Additional Collector has been dismissed.

(3.) The controversy is regarding non registration of the final Chart of Partition dated 18-8-2006, in Inventory Proceedings bearing No.310/2004/A (new) held upon the death of Smt. Ana Maria Estrocio, wife of Andre Estrocio which are governed by Articles 2064 to 2166 of the Civil Code, 1867 and Articles 1369 to 1447 of the Civil Procedure Code, 1939, (both Portuguese legislations in force in the State of Goa, hereinafter referred to as Civil Code and C.P.C., respectively). The dispute is regarding property deScribed under verba/item No.1, surveyed under No.249/1-A of village Taleigao in which the petitioner and his wife had purchased 6.66% share, Sadiq Sheik and his wife had purchased 3.33% share and the remaining 80% share was held by deceased Respondent No.2 Clotildes Fernandes. In the licitation held in the said inventory on 10-2-2006, the Respondent No.1(Respondent, for short) has purchased the said property for Rs. 21 crores and in the provisional Chart of Partition drawn on 27-3-2006 and confirmed on 18-8-2006 the disputed property having survey no.249/1-A has been alloted to the Respondent. The Respondent took possession of the said property by virtue of letter dated 23-8-2006 given by the said Smt. Clotildes Fernandes who was Administrator in the said proceedings and since then is in possession of the same. The Respondent applied for a conversion sanad and the same was granted to him by the Additional Collector by Order dated 29-8-2007.