DIONISIO SEBASTIAO CARDOZO Vs. PROCURADOR DE COMMUNIDADE DE

JUDGEMENT

(1.) HEARD Shri S. G. Dessai, the learned Senior Counsel appearing for the appellants and Shri M. B. Da Costa, the learned Senior Counsel appearing for the respondent.

(2.) THE above appeal has been admitted by this Court by order dated 29/01/2004 on the following substantial questions of law:

(3.) BRIEFLY the facts of the case are that the appellants filed the suit stating inter alia that they are the owners in possession of the property, which was granted to them by the respondent on aforamento basis, known as "Oiteiro De Casual" which was originally granted in favour of the father of the appellant no. 1 namely Shri Agostinho Cardozo by an order dated 24/04/1903. It is further their case that an aforamento was granted on 17/2/1913. It is further the case of the appellants that the suit property is the one surveyed under no. 90/2 of Bambolim village. The appellants have also pleaded in the suit that the suit property is bounded towards the east by the boundary wall of the heirs of Alvino Gomes, towards the west by the public road, towards the north by the property of Communidade of Curca known as Tanca Pedra and towards the south by the property of the Communidade of Bambolim known as Saverli Gali. According to the appellants, after the grant of the said aforamento the property came to be described in the Land Registration Office as well as in the Land Revenue Office (matriz) in the name of the appellants. The area allotted to the appellants admeasures 29,450 square metres.