JAIWANT BABUSO CHODANKAR Vs. NAMDEV BABUSO CHODANKAR

JUDGEMENT

(1.) THIS Second Appeal was filed by the original defendant nos. 1 to 4/appellants herein challenging judgment and decree dated 10th June, 2002 passed by the Lower Appellate Court. Respondent no.1 herein who is the plaintiff, filed a suit for declaration and permanent injunction. The appellants herein are relatives of the original plaintiff/respondent no.1 herein.

(2.) THE plaintiff contended in the suit that in the village of Guirim, there exists a vast property known as "Collounch " alias "Vancio " belonging to one Pedro Incacio Gonsalves. One residential house, which is situated there was occupied by late Babuso R. Chodankar somewhere in the year 1954 which is surveyed under No. 54 -9 and bearing house no. E -102 admeasuring 122 square metres. The said house is referred to as the "suit house. " Besides this house, late Babuso Chodankar, the father of plaintiff possessed three paddy fields which were described as under: -

(3.) THE plaintiff submits that the landlord in collusion with defendant nos. 1 and 2 filed a Civil Suit bearing no. 397/1989 in Mapusa Court to restrain the plaintiff and defendant no. 1 from carrying out any construction. Injunction which was granted, was confirmed by order dated 15th March, 1990. The plaintiff specifically claimed that he has 1/5th share in the suit house and in all the three suit fields. Defendant nos. 1 to 4 filed joint Written Statement. The defendants contended that the portion of old house was substantially demolished long back and thereafter defendant no. 2 constructed a new house. The portion of old house was still occupied by defendant no. 4. This portion adjoins the house of plaintiff bearing house no. 55A. It was contended that the paddy field at Mapusa was leased out by Communidade to defendant nos.1, 2 and 4, who are the exclusive tenants of the said properties. In the year 1987, defendant no. 2 filed an application before Joint Mamlatdar of Bardez for registering him as a mundkar of the said house. Subsequently, by order dated 17th February, 1988, the joint Mamlatdar allowed the application. In respect of house bearing no. 55A, the Joint Mamlatdar of Bardez ordered that the plaintiff be registered as mundkar in respect of the said house.