PEDRO COSTA Vs. ERNEST DCOSTA

JUDGEMENT

(1.) Heard Mr. C. A. Coutinho, learned counsel for the Appellants. Respondents though served, have not appeared at the stage of the final hearing.

(2.) On 4/4/2013, this Court admitted this Second Appeal on the following substantial question of law.

(3.) The Appellants are the original defendants and the respondents are the original plaintiffs in the suit in which the plaintiffs sought a declaration about ownership of 2/3rd larger property which was described as the suit property. In this, the plaintiffs included a triangular portion ad-measuring about 870 square meters. The defendants had no serious dispute about the plaintiffs' claim of ownership and possession of 2/3rd of the entire property but it is the defendants' case that the triangular portion of 870 square meters forms a part of 1/3rd which had been allotted in their favour and therefore, forms a part of the property owned and possessed by them. Based on this, the defendants raised a counterclaim seeking a declaration that they are co-owners in respect of this portion of 870 square meters and for a consequential decree for correction of survey records concerning this portion of 870 square meters.