LAWS(BOM)-2010-8-49

FRANCISCO RODRIGUES Vs. ANGELICA REBELLO

Decided On August 23, 2010
FRANCISCO RODRIGUES Appellant
V/S
ANGELICA REBELLO Respondents

JUDGEMENT

(1.) Heard. Rule. By consent heard forthwith.

(2.) The petitioners herein are the pLalntiffs in RCS No.53/2006/F and shall hereinafter be referred to as such.

(3.) There is no dispute that the suit property surveyed under No.9/4 belonged to Maria Luisa Isabela Fernandes, the sister-in-law of the father of the pLalntiffs. There are two houses in the said property. One is bearing house no.l0l/A and the other bearing no.lOl/B. The house bearing no.l0l/B is in occupation of the pLalntiffs though the said Maria Luisa Isabela Femandes by gift deed dated 9/02/2006, gifted the said house along with adjoining property to Assumpta Fernandes, who has filed a suit against the pLalntiffs for recovery of the same and the suit is pending. House no.lOl/A with the surrounding property has been sold to the defendant by the said Maria Luisa Isabela Fernandes by a sale deed dated 18/01/2006. The said Maria Luisa Isabela Fernandes expired on 4/12/1996.