JOSE MANUEL FIJARDO Vs. PASCOAL ANTONIO FIJARDO DIED

JUDGEMENT

(1.) DEFENDANT no. 1 and his children in S. C. S. No. 104/84 have filed the present appeal against the judgment/decree dated 31. 1. 1998 of the learned I Additional Civil Judge, Senior Division, Margao.

(2.) SOME facts are required to be stated to dispose of the present appeal.

(3.) PASCOAL Antonio, Jose Manuel and Lourenco are the three sons of Joaquim Fizardo and his wife Caetana Augustinha Da Costa. The said Jose Manuel (defendant/appellant No. 1) initiated proceedings bearing No. 2/69 upon the death of his parents and in the said Inventory proceedings a property known as "zuvolem" was described under Item/verba No. 15 alongwith their residential house. The only dispute between the parties in the said Special Civil Suit was regarding the said residential house. After the said house was described in the Inventory proceedings, it appears that the said Pascoal Fizardo (plaintiff) by his application dated 17. 4. 1970 raised an objection against the said enlistment and the Inventory Court directed an inquiry to be held and thereafter both the parties led evidence. The Inventory Court by its Order dated 1. 10. 76 came to the conclusion that the evidence advanced by the parties was not sufficient to decide whether the construction of the said house was made by the said Pascoal Antonio exclusively at his own expense and gave liberty to the said Pascal Antonio to file a Civil Suit and ordered the inventory to continue in respect of the other items.