JAYANT MADHUKAR PADBIDRI Vs. SARVOTTAM NARCINVA KAMAT

JUDGEMENT

(1.) HEARD Shri R. G. Ramani, learned Counsel appearing for the Appellant and Shri M. B. D' Costa, learned Senior Counsel appearing for the Respondent. The above Appeal challenges the Judgment passed by the Lower Appellate Court whereby the Appeal preferred by the Respondent was allowed and SA -29 -04 the Judgment passed by the learned Civil Judge, Junior Division at Ponda, in Regular Civil Suit no. 100/1993 came to be set aside.

(2.) THE above Appeal was admitted by this Court by Order dated 08.04.2004, on the following substantial questions of law :

(3.) THE Respondents filed their written statement disputing the claim put SA -29 -04 forward by the Appellant and, inter alia, pointed out that by Deed of Sale dated 29.10.1980, the vendors of the Appellants sold the suit plot to the Respondents. It is further their case that the alleged illegal structure was in existence from the year 1970 and they have been occupying the said structure without any objection. It is further their case that the said structure was in existence and the Appellant was well aware of the existence of the said structure. It is further their case that the Appellant is not entitled to any relief in the suit and, consequently prayed that the suit be dismissed.