PREMAVATI BASU NAIK Vs. SURESH BASU NAIK

JUDGEMENT

(1.) The above appeal challenges the judgment and decree dated 10.03.2011 passed by the learned District & Sessions Judge, South Goa, Margao, in Regular Civil Appeal No. 389/2010 whereby an appeal preferred by the respondents was allowed and deed of sale dated 21.12.1993 registered before the Sub-Registrar of Mormugao came to be declared as null, void and ineffective and without any legal effect.

(2.) The brief facts of the case are that the respondents filed a suit on the ground that there exists a property known as "Piturlem" situated at Sancoale, which is described in the Land Registration Office of Salcete under No.3595, old series, and admeasuring an area of 1318 square metres and surveyed in the records of right under No. 276/2 of Village Sancoale. It is further their case that the suit property was purchased by the respondents' father on 24.12.1968. It is further the case of the respondents that the appellant nos.2, 4 and 6 misguided the appellant no.1 and her husband and without the knowledge and consent of the respondents induced the parents of the respondent no.1 to execute a deed of sale dated 21.12.1993 in favour of the appellant nos.2, 4 and 6 in respect of the suit property. It is further their case that the sale deed came to be registered before the Sub-Registrar of Mormugao and that in August, 1998, the appellant no.2 filed a complaint against the respondent no.1 at Verna Police Station wherein she disclosed that the suit property was purchased by them. Accordingly, the suit came to be filed. According to the respondents, the sale deed was in breach of Article 1565 of the Portuguese Civil Code.

(3.) The appellants resisted the said suit and disputed the contentions of the respondents for the reasons stated in the written statement. It was submitted by the appellants that the suit deserves to be dismissed. After framing the issues and recording of the evidence, the learned Civil Judge Senior Division, Vasco, dismissed the suit filed by the respondents. Being aggrieved by the said judgment and decree dated 30.07.2002 passed in Special Civil Suit No. 42/99, the respondents preferred an appeal before the learned District Judge, South Goa, Margao. By judgment and decree dated 10.03.2011, the learned Additional District Judge, South Goa, Margao, allowed the appeal preferred by the respondents and consequently the judgment passed by the learned Trial Judge came to be set aside. Being aggrieved by the said judgment, the appellants have preferred the present appeal.