LAWS(BOM)-2004-8-178

FRANK MORAES Vs. JOAQUIM DE MASCARENHAS

Decided On August 05, 2004
Frank Moraes Appellant
V/S
Joaquim De Mascarenhas Respondents

JUDGEMENT

(1.) THIS is an appeal by an unsuccessful plaintiff whose suit for declaration that he is the absolute owner of the suit property has been dismissed.

(2.) THE plaintiff, Frank Moraes, sued the respondent no.1, Joaquim de Mascarenhas Fiuza and the respondent no.2 Society, for the following reliefs:-

(3.) THE plaintiff examined himself alone in support of the suit claim. The defendant no.1 examined his power of attorney and the other witnesses are on behalf of defendant no.2. After hearing the evidence and perusing the documents on record, the trial Court has come to the conclusion that the property appears to have belonged to one Caetano Moraes and the plaintiff has not at all shown as to how he has succeeded Shri Caetano Moraes. In fact, the trial Court has held that there is no document on record to show that the plaintiff is the owner of the suit properties.