BATILA FERNANDES Vs. KANTABAI ONVAL NAIK

JUDGEMENT

(1.) By this Second appeal, the appellants take exception to the judgment and decree dated 20th December, 2001 passed by the Ilnd Additional District judge, South Goa, Margao in Regular Civil Appeal No. 53/1995 allowing the appeal filed by the respondents against the judgment and de-cree dated 18th September, 1995 passed the Civil Judge, Junior Division, Canacona dis-missing the suit filed by the respondents herein against the appellants. The respond-ents are the legal representatives of the origi-nal plaintiff Smt. Kantabai Onval Naik, who expired during the pendency of second ap-peal. The parties shall hereinafter be referred to as per their status before the trial Court.

(2.) The original plaintiff filed the above suit seeking the following reliefs :

(3.) The suit was contested by the defend-tnts by filing written statement. On the ba-iis of the pleadings of the parties, on 51.10.1988 the trial Court framed the fol-owing five issues :