ANTONETTA GOMES Vs. ANGELINA COLACO E. DIAS

JUDGEMENT

(1.) HEARD Shri Anthony D' Silva, Learned Counsel appearing for the Appellants.

(2.) THE above appeal challenges the Judgments and Decrees passed by the Courts below whereby the suit filed by the Appellants to claim a share in the compensation awarded by the Land Acquisition Officer in the proceedings under Section of the Land Acquisition Act, 1894 came to be dismissed.

(3.) THE Respondents filed their written statement wherein it was contended that the suit was not maintainable and was liable to be dismissed in limine. It was further the contention that the Appellants had never challenged the land acquisition Award in respect of the property acquired and that the Award had become final. It is further their case that the Deed of Partition has not been declared null and void nor did the Appellants challenge the said Deed of Partition. It is further their case that a Deed of Partition was executed voluntarily and freely and in full understanding and thereafter rectified on 28.02.1979. The said Deed of Partition was acted upon by the parties and even the suit filed by the Appellants challenging the said Deed, came to be rejected. It is further the case of the Respondents that the said property exclusively was in ownership of said Jacinto and that Appellants have no right at all to the compensation.