CLAUDIO FRANCISCO Vs. EULALIA FERNANDES (DECEASED)

JUDGEMENT

(1.) These two First Appeals no. 70/99 and 72/99 can be disposed of together since they involve the same transactions and arise out of two suits which challenge the same transactions.

(2.) In the Village of Sanquelim, in bicholim Taluka there is property known as "urbano" or "sakhayali AH" bearing Survey no. 17/1. This property was originally owned by Gregory Fernandes who was a widower. He died on 14-11-1990 leaving behind one son and three daughters. Of these children, two are involved in the present litigation, namely the daughter Eulalia and the son Constancio.

(3.) With in a week upon the death of gregory, his son Constancio executed a sale deed in respect of 180 sq. metres on 21-11-1990 in favour of one Claudio Francisco remedios Marques. Soon, thereafter, on 30- 12-1990, the appellant executed another sale deed for an area of 200 sq. metres in favour of said Claudio. He appears to have sold the said property not only without consulting the other co-owners, but also his wife, Belmira fernandes, who admittedly, has a share in the property being his legally wedded wife.