DAISY SENSO Vs. IVORINE DANSLAY NORONHA

JUDGEMENT

(1.) Heard Mr. Usgaonkar, learned Counsel for the appellant and Mr. Pereira, learned Senior Counsel for respondent nos.1 and 2.

(2.) By this Second Appeal, the appellant takes exception to the judgment and decree dated 2nd November, 2010 passed by Ad hoc District Judge-2, FTC-II, South Goa, Margao in Regular Civil Appeal No.171/2010 whereby and whereunder the appeal preferred by the appellant herein against the judgment and decree dated 3rd May, 2008 passed by the First Additional Civil Judge Senior Division, Margao in Special Civil Suit No.176/200/I was dismissed. Parties shall hereinafter be referred to as per their status before the trial Court.

(3.) Briefly, the facts relevant for disposal of this Second Appeal are as under : Respondent nos.1 and 2 filed the above referred suit against the appellant and respondent nos.3 and 4 seeking declaration of nullity of Will, declaration of title, permanent injunction and other consequential reliefs. The case of the plaintiffs was that plaintiff no.1 was legally wedded wife of late Danslay Noronha alias Danslay Dominic Mascarenhas, who expired on 24th July, 1997 leaving behind plaintiff no.1 and his minor son plaintiff no.2. The said marriage was solemnized on 24th October, 1992 at Sacred Heart Church, Santa Cruz, Bombay. Plaintiff no.1 and Danslay lived as husband and wife till the death of Danslay on 24th July, 1997. Danslay was the legitimate son of Smt. Viola Mascarenhas alias Viola Noronha and Shri Joaquim Dominic Mascarenhas. Danslay was born on 27th December, 1962. Joaquim Mascarenhas expired in the year 1999. Even before the death of Joaquim Mascarenhas, Smt. Viola Mascarenhas and Anthony Noronha entered into a second marriage on 31st March, 1979. During the lifetime of the plaintiffs, late Viola had purchased the property in Ward no.4 bearing plot no.8 of the northern side portion of the property 'Naicalem' alias 'Santu Xenoilem Bhata' (hereinafter referred to as the suit property). After the purchase of the suit property, Viola Mascarenhas constructed residential bungalow in the suit plot known as 'Green Acres' after obtaining lincence in the name of her husband Shri Anthony Noronha and requisite permissions from the authorities. Viola Mascarenhas had purchased the suit plot before her marriage to Anthony Noronha by sale deed dated 11st March, 1976 and the marriage was duly registered in the year 1979. It was further the case of the plaintiffs that even before the marriage in the year 1979, Viola and Anthony had intimate relations. After the construction of the bungalow in the suit plot, Viola and Anthony lived in the bungalow as husband and wife. Danslay Noronha also lived with foster father and mother in the said bungalow.