YESHODI CHANDRU NAIK Vs. GURUNATH RAGHUVIR SHETYE

JUDGEMENT

(1.) Judgment and decree dated 13/12/2001 of learned Additional District Judge, Mapusa allowing the appeal- Regular Civil Appeal No.32/2000 and setting aside the judgment and decree dated 28/01/2000 passed by the learned CJJD, Bicholim is assailed in the present second appeal.

(2.) Memo of appeal raised the following substantial questions of law :

(3.) Subject matter of the dispute- the suit property, is described in the plaint as a property registered in the Land Revenue Office vide matriz predial under No.373 in the name of late Chandru Vithu Naik, the grandfather of the plaintiff No.2 and made of 2 parts by village road passing through middle- the southern part surveyed under survey no.37/11/A and northern part forming part of survey no.88/2 and bounded, on the east by the property of Pandu S.O.Shetye, West by the property of Chandru Vithu Naik, North by the rivulet or nallah and South by road.