ANTONIO S.COUTINHO Vs. STATE OF GOA

JUDGEMENT

(1.) Heard Mr. Bhobe, learned Counsel for the petitioner and Mr. Nadkarni, learned Advocate General for respondents no.1, 4, 7 and 8. None appears on behalf of the other respondents.

(2.) By this petition, the petitioner had sought the following reliefs :

(3.) Briefly, the case of the petitioner is as under : The petitioner is successor to the estate of the late Count of Mayem, Dom Jose Joaquim de Noronha, in terms of Public Will dated 19/12/1996. Most of the properties of the estate were declared to be evacuee properties under the Goa Administration of Evacuee Property Act, 1964 and continue to vest in management of custodian. The property 'Boroda Molios' situated at village Mayem excluding the chapel and residence of the priest attached thereto, was allotted to Mrs. Maria Elsa Wolfango Silva in the Inventory Proceedings no.77/1969 and thereafter passed to the petitioner under the aforesaid will. The said property is not evacuee property. Mrs. Maria Elsa and her husband were living in the house situated therein until they expired on 22/11/1997 and 25/08/1987 respectively. The petitioner is nephew of Maria Elsa and has been residing in the said house from 1980. There is compound wall around the house and an area admeasuring 30000 square metres is within the compound and the house has plinth area of 700 square metres. Besides the house, there is chapel, residence meant for priests, two garages, one out house, a paddy field and different types of trees. It is further the case of the petitioner that although property 'Boroda Molios' is not an evacuee property, custodian of evacuee property took the possession of the portion of the said property outside the compound of the said house and of the priests' residence and one Mariano Fernandes is in possession of the said house and continues to reside defying the Court order.