EDWIN MENDONCA Vs. MARIA BLANDINA ALMEIDA BARACHO

JUDGEMENT

(1.) BY this Second Appeal, the appellant takes exception to the judgment and decree dated 25th October, 2007 passed by the Adhoc District Judge -I, South Goa, Margao in Regular Civil Appeal No. 54/1997, dismissing the appeal against the judgment and decree dated 27/8/1997 passed by the Additional Civil Judge, Senior Division, Margao in Regular Civil Suit No. 255/74/I. The respondents are the legal representatives of Maria Blandina Almeida Baracho filed a suit for declaration and permanent injunction against the appellant/plaintiff on the ground that she was the usufructuary of the property known as "Calvado" situated at Varca registered in the Land Registration Office of Salcete under No. 42.945 and enrolled in the Revenue Records under No. 628. It was her case that the property was sold to her son by deed of partition dated 12/1/1952 with usufruct in her favour. She claimed that she and her family members were in possession of the suit property for about 60 years.

(2.) THE suit was contested by the appellant/defendant by filing written statement. The defendant claimed title to the suit property "Calvado" situated at Varca, registered in the Land Registration office of Salcete under no.12.386 from his ancestors and claimed that their ancestral house existed in the said property in dilapidated condition at the relevant time.

(3.) THE appeal preferred against the said judgment was also dismissed.