NAKUL HARI TEMKAR Vs. RAGHURAJ VASUDEV DESHPRABHU

JUDGEMENT

(1.) THE above Second Appeal challenges the judgment and decree passed by the learned Additional District Judge at Panaji in Regular Civil Appeal No.22/1997.

(2.) THE suit came to be filed by the respondents before the learned trial Judge on the ground that he is the owner in possession of several properties and amongst them the property called 'Dad' or 'Voril Amberem' bearing Survey No.1/6. It is further their case that the appellants have a house and six sheds in the said plot of land surveyed under no.1/6 as a mundkar and they are also the tenants of the respondents. It is further their contention that the house of the appellants had an area of 156 square metres as shown in the survey plan. It is further their case that the appellants had moved an application before the learned Mamlatdar to be a mundkar of a house admeasuring an area of 15 x 10 square metres which was subsequently withdrawn. It is further their case that the appellants have no right to demolish the house and occupy more area than that claimed by them and construct a new house. It is further their contention that the appellants have demolished the old house and dug foundation for a new construction occupying an additional area. It is alleged by the respondents in the plaint that the area of the new construction is 180 square metres and that the appellants are trying to complete the construction by taking advantage of the absence of the respondents. Accordingly, the suit was filed for a permanent injunction and also for a mandatory injunction to demolish the illegal and unauthorised construction put up by the appellants.

(3.) BEING aggrieved by the said judgment, the respondents preferred an appeal before the learned Additional District Judge at Panaji. By the impugned judgment and decree dated 2/03/2000, the learned Appellate Court allowed the appeal preferred by the respondents and restrained the appellants from putting up any construction beyond the area of 150 square metres or 156 square metres which is the actual area as shown in the survey plan and for mandatory injunction directing the demolition of the illegal and unauthorised construction done beyond the area of 156 square metres as shown in the survey plan.