RAGHUVIR KASHINATH KERKAR Vs. DRAKSHAYANI VISHWANATH KERKAR

JUDGEMENT

(1.) Heard Mr Nigel da Costa Frias with Ms Barbara Andrade for the appellants and Mr Deep Shirodkar for the respondents.

(2.) The appellants are the original defendants and the respondent is the original plaintiff in Regular Civil Suit No.11/2002 instituted in the Court of the Civil Judge, Junior Division at Pernem Goa. Accordingly, in this Second Appeal, the parties will be referred to by their description before the Trial Court.

(3.) The plaintiff's case in the suit is that he purchased the suit property measuring 520 sq. mtrs. vide registered sale deed dtd. 26/12/1977 from defendants no.1 and 3 to 6. In this registered sale deed, the suit property was described as bearing Survey No.97/1. Based on this sale deed, the plaintiff, in the year 1997, applied to the Talathi of Morjim for mutation in the survey records. The Talathi, on perusing the records, informed the plaintiff that the defendants had partitioned the suit property before the execution of the sale deed dtd. 26/12/1977, and the suit property sold to the plaintiff was now surveyed under No.97/1-B. Accordingly, the plaintiff called upon the defendants to execute a rectification deed by indicating the survey number of the suit property sold vide the sale deed dtd. 26/12/1977 as 97/1-B in place of 97/1. Since there was no response from the defendants, the plaintiff caused a legal notice dtd. 20/11/2001 to be served upon the defendants and, after there was no response to this legal notice as well, instituted Regular Civil Suit No.11/2002 on 5/3/2002. The prayer in the suit is for a decree to direct the defendants to rectify the Survey Number of the suit property in the sale deed dtd. 26/12/1977 by executing the necessary rectification deed.