ANTONIO SEBASTIAO GANDALUPE DA Vs. FILOMENO DA COSTA

JUDGEMENT

(1.) THIS is plaintiffs' Second Appeal.

(2.) THE plaintiffs had filed Special Civil Suit No. 22/78/I for a declaration that they are entitled to ownership and possession of right to one half of the five properties identified in the plaint with the right to enjoy one half of its produce from the said properties, the same right being acquired by them by way of succession and prescription. THE plaintiffs further prayed for permanent injunction to restrain the defendants from obstructing the plaintiffs, their families and servants from entering and staying in the suit house no. 12970 and from collecting their share in the income of the properties identified in the plaint. THE plaintiffs lastly prayed for mandatory injunction directing the defendants who are in charge of the said agricultural properties to deliver to the plaintiff annually half of the produce in kind or money valued at Rs. 200/- since 15/06/1976 onwards.

(3.) THE plaintiffs filed this Second Appeal against the judgment and decree of the First Appellate Court and of the trial Court and the same has been admitted on the following substantial question of law: