SHRI THOMAS N. RODRIGUES, MAJOR, MARRIED, RESIDING AT ASSOLDA IN QUEPEM TALUKA Vs. SHRI ROMAN LUIS FERNANDES SINCE DECEASED BY HIS LEGAL REPRESENTATIVES : (SMT. LUIZINHA DOURADO E FERNANDES, MAJOR, WIDOW] DELETED) AND ORS.

JUDGEMENT

(1.) SECOND Appeal No. 26/2001 is directed against the Judgment and Decree in Regular Civil Appeal No. 59/1987, passed by the Addl. District Judge, Margao dated 15th September, 2000. The appellant before me Thomas Rodrigues, is the original defendant No.1/appellant in Regular Civil Appeal No.59/87. He is the original defendant No.1 in Regular Civil Suit No. 12/1969.

(2.) THAT suit was filed by the plaintiff Romano Luis Fernandes, who is now deceased and represented by his heirs and legal representatives, praying that a decree be passed requiring the defendants to the suit to quit vacate and deliver the quiet and peaceful possession of the portion of the property, after demolishing the pig house and latrine and removing the materials thereof and rendering the land underneath to its original position. A permanent injunction, restraining the defendants, their servants and/or agents from entering upon or being upon the said portion marked with red lines bearing letter B in the plan of the plaintiff's said property or any portion thereof, had also been claimed.

(3.) IT is stated that the defendants are residing in a house situated in the property belonging to one Shiva Putu Raut Dessai, adjoining the plaintiff's said property, having a common boundary on the western side.