GUY VIGNEY ATHANASIUS Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) This appeal is directed against the Judgment, Order and Decree dated 05/03/2003 passed by the learned 3rd Additional District Judge, South Goa, at Margao in Civil Suit No. 10/1987/III. The Appellants are the Plaintiffs and they shall hereinafter be referred to as the Plaintiffs whereas the Respondents shall hereinafter be referred as the Defendants.

(2.) The suit was for mandatory injunction, permanent injunction and eviction with following prayers :

(3.) The case of the plaintiffs, in short, is as follows : The plaintiffs are owners in possession of the property known as " GURGUNTI " situated at Village Chinchinim, bearing survey no. 298/16. In the said property there are two structures: one consisting of commercial shops and other which is the residential house of the plaintiffs. The structure consisting of commercial shops belonged to Fr. Crisologo de Melo who is the brother of the plaintiff no.1. Fr. Crisologo de Melo had leased out one shop comprising of 4 divisions to one Mr. Roberto Silva in the year 1964 or 1965 at the monthly rent of Rs. 45/- and the said Roberto Silva was running therein a bar and restaurant in the name of "Silva Bar and Restaurant". By Deed of Sale dated 21/05/1971, the plaintiff no. 2 purchased the said business with furniture and other fixtures from said Roberto de Silva and conducted the business under the name of "Capitol Bar and Restaurant" till 28th July, 1973. On 28/07/1973, the plaintiff no.2 entered into an agreement with one Mr Benedito Gracias for conducting the business of said bar and restaurant for a period of 11 months on payment of compensation of Rs. 125/- per month. The liquor licence stood in the name of Roberto Silva who expired on 23/2/1977. By the same agreement, the plaintiff no. 2 also permitted said Mr. Benedito Gracias to start business of fresh provisions store. Mr. Benedito Gracias conducted the said business till November 1983 and thereafter handed over the said business back to the plaintiff no.2. The defendant no.3, who had been helping Mr. Benedito Gracias in running the said business, offered to run the business in the absence of plaintiff no.2 from Goa and also undertook to maintain day to day accounts till the plaintiff no.2 returns to Goa and undertook to run the business on behalf of the plaintiff no.2. The plaintiff no. 2 returned to Goa in June, 1994 and demanded the accounts and also told the defendant no.3 that he should stop coming to the shop. The defendants no. 3 and 4 refused to do so and even changed the name of business to "Alfa Bar and Restaurant". The defendants no. 3 and 4 dug a tube well in the kitchen without consent and also constructed a loft and started storing heavy material on the loft. The defendants also obtained additional electric connection and all the above acts were done without permission. The defendant no. 3 approached the excise department for fresh licence. The plaintiffs issued legal notice dated 13/08/1986 to the defendant no. 3, inter-alia, demanding delivery of the suit premises back to the plaintiffs. The defendants no. 3 and 4 refused. Hence the suit.