RICARDINA NORONHA Vs. STATE OF GOA

JUDGEMENT

(1.) THIS petition filed under Article 226 of the Constitution of india takes exception to the Order dated 14th february, 2000, passed by the Under Secretary (Home), Government of Goa, by which the earlier Order dated 21st April, 1999 passed by the Custodian of Evacuee Property came to be revoked.

(2.) MR. Jose Joaquim de Noronha was the Count of Mayem and was married to filomena Correia Noronha. The couple had six children (two sons and four daughters ). Filomena died in 1903. It appears that Mr. Jose joaquim had grandchildren through his son Dr. Francis Antonio who was married to Ricardina. On the demise of Filomena Correia Noronha, the Countess of Mayem, Mr. Jose Joaquim de noronha instituted inventory proceedings under registration No. 957/1929 and the share of his late wife came to be divided amongst all other legal representatives and his own half share initially he retained to himself, but subsequently willed it (by will dated 17th/18th April, 1929), in favour of his grandson Eurico Antonio Silva, the son of Dr. Francisco Antonio Wolfango silva. Eurico had four other brothers by name dr. Francisco Wolfango d Silva, Dr. Abel de silva, Raul Wolfango de Silva and Dr. Fernando wolfango de Silva. Dr. Fernando Wolfango de Silva was married to Maria Elsa Wolfango de Silva. Eurico begot four children who have subsequently come on record as petitioners.

(3.) THE inventory proceedings no. 957/1929 were concluded by Consent terms drawn on 20th June, 1930 and Clause 11 of the said Consent Terms read as under:-The parties mentioned in toto the testamentary disposition and jointly agree that in respect of Chapel of Our Lady of miracles and the spring existing in Mayem be reserved for use of all heirs and further agree that in case the first party Eurico decides to sell the property in which the spring is located, he shall pay to the other interested parties the part of the price of the said spring proportionate to the hereditary share which shall be fixed by arbitration in absence of any agreement. In case said Eurico sells other properties of mayem and is not living there, the Chapel referred to above shall be handed over for administration to "if abido de see Primacial with all the properties and belongings. "