SANTOSH SAVLO KOTHAWALE Vs. HARISHCHANDRA SAVLO KOTHAWALE

JUDGEMENT

(1.) By this appeal, the Appellants (original Defendants) have challenged Judgment and order dtd. 13/10/2004, passed by the Court of Adhoc Additional District Judge, Panaji, in Regular Civil Appeal No. 158 of 2002, whereby the Appeal was allowed and the suit filed by the Respondents was decreed, directing the Appellants to vacate the suit structure and restore possession of the same to the Respondents.

(2.) The Respondents (original Plaintiffs) filed a suit for permanent injunction and recovery of possession against the Appellants, claiming that they had purchased the property at survey no. 3997 in Village Tivim. According to the Respondents, the Appellants were illegally in possession of a structure in the said suit property and that the Respondents were entitled for a Decree for recovery of possession and an order of injunction restraining the Appellants from undertaking construction of any type in the suit property.

(3.) The Appellants filed their written statements and denied that the Respondents had purchased the aforesaid suit property as per Sale Deed dtd. 15/11/1968. According to the Appellants, the Respondents had actually purchased the adjoining property in survey no. 3984 and that the owner of both the properties was one and the same person. According to the Appellants, the parents of the Appellant no.1 had constructed a mud house in the suit property at survey no. 3997 and that they had acquired the status of Mundkar in the property in question.