ANAND RAYA SHIRODKAR/ NAIK Vs. HARI YESHWANT NAIK

JUDGEMENT

(1.) THIS Second Appeal is directed against the Judgment and Decree dated 19/03/2003 passed by the learned Additional (III) District Judge, South-Goa at Margao, (First Appellate Court, for short), in Regular Civil Appeal No. 206 of 2002.

(2.) THE said Regular Civil Appeal No. 206 of 2002 was filed by the plaintiff of Regular Civil Suit No. 177 of 1995 against the Judgment and Decree dated 26/11/2002 passed by the learned Civil Judge Junior Division, Margao (Trial Court, for short), in the said suit.

(3.) THE defendant, in his written statement, alleged as follows: He and the plaintiff are mundcars of Kare family and that the suit house does not belong to the plaintiff but belongs to the defendant wherein he partly resides and cooks food. The defendant is the mundcar of the dwelling house in terms of the order of the Mamlatdar in case No. MUND/MAR/34/92 and based on the order and the sketch prepared in case No. MUND/MAR/39/80, he applied for inclusion of his name in the said survey record in respect of the original dwelling house. The appeal filed by the plaintiff before the Additional Collector has not been allowed. The defendant obtained the water connection to his own hut and police protection was taken since the plaintiff has obstructed to lay the pipe line. The suit is barred by limitation since the hut has been in existence for more than 30 years whereas the suit has been filed in the year 1995. The suit is also bad for non-joinder of necessary party that is the land lord.