MRS. MARIA THEREZA Vs. MARIA CORINTA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned Counsel for the rival parties. Learned Counsel for the respondent waives service.

(2.) Although this litigation between the parties has a chequered history, the principal question raised on behalf of the petitioners is, as to what is the true scope of the power and jurisdiction of the Collector under Sec. 103 of the Goa, Daman and Diu Land Revenue Code, 1968, in the context of correcting errors in the record of rights or registers maintained under Chapter VIII of the said Code. The aforesaid provision specifically pertains to correction of clerical errors.

(3.) The respondent, in the present case, had initiated proceeding under Sec. 103 of the aforesaid Code in the year 1993, for correction of an error in the record of rights, claiming that the name of the predecessor of the petitioners, i.e. Joseph Paulo, was wrongly recorded in the context of land bearing survey nos.43/8 and 44/2 at village Parra, Bardez. The respondent prayed for deletion of the name of the said Joseph Paulo from the record of rights and to add the name of the respondent in such record, in the context of the aforesaid property.