HARISCHANDRA PANGLO Vs. SHAMBU DACU

JUDGEMENT

(1.) Heard Mr. M.B. D'Costa, learned Senior Counsel with Advocate Ms. Karishma Betquekar, for the Appellants and Mr. S.D. Lotlikar, learned Senior Counsel with advocate Ms. S. Keny and Mr. T. Sequeira, for the Respondents.

(2.) The suit property is an agricultural property known as "COLEAN SARVO" or "COLEACHO SODO" and also known as "GAR ROVLU" situated at Bethora, Ponda-Goa and described in Land Registration Officer of Ilhas under no. 13657 of Book B 36 (new) and originally surveyed under old cadastral survey no. 41 and presently surveyed under no. 249/1, 249/2, 250/0, 251/0, 252/1, 253/0, 256/0, 265/2 and 265/3 of village Bethora and bounded as under:

(3.) The Plaintiffs (Defendants herein) instituted a suit for permanent injunction claiming to be the owners and in possession of the suit property recorded under Land Registration Office under No. 13657 and originally surveyed under Old Cadastral Survey No. 41. They trace their title to the suit property to the Deed of Sale dated 22.09.1975, registered in the Sub-Registrar's Office at Ponda under No. 284 at pages 40 to 43 of Book No. 1, vol. 33 dated 24.10.1975. The Plaintiffs claim that since then they are in possession and enjoyment of the suit property as owners thereof. It is also the claim of the Plaintiffs that prior to its purchase, the property was enjoyed by the father of the Plaintiff No. 1 and 2 as a leased out property. The Plaintiff rely upon the Form No. III wherein in the occupant's column of new survey number, the suit property is recorded as belonging to the deceased brother of the Plaintiff, Vassant Dhaku Salelkar as occupant alongwith the name of the Plaintiffs. On an application being moved for correction of survey record pertaining to the suit property before the Mamlatdar, a case was registered and after conducting necessary enquiry, the application was allowed, directing inclusion of the name of the Plaintiffs and the deceased brother as occupant in respect of the suit property. An appeal against the said order has been preferred by the Defendants, and the same was also dismissed by the Deputy Collector on 25.01.1993, is the version of the Plaint.