JAO SALVADOR JESUS Vs. FATIMA ELECTRA JASMINA DSILVA

JUDGEMENT

(1.) THE appeal is filed against the judgment/decree dated 12-3-1998 of the learned Ilnd Additional Civil Judge, Senior Division, Margai. The appellants herein were the defendants in S. C. S. No. 21/96. The plaintiff in S. C. S. No. 21 /96 is the purchaser and the defendants are the sellers of the southern portion of the property known as "nelitoleaxeta" admeasuring 2315 sq. m. which was sold to the said defendants by deed dated 16-4-1991 and which deed was preceded by private agreement executed six to seven months before and was followed by deed of rectification dated 24-9-93.

(2.) THE case of the plaintiff was that in the said property sold by the der fendants there was a house occupated by Martha and Elvira Furtado who had put some illegal structure in the property and as a result of which the plaintiff had filed a suit against them bearing S. C. S. No. 215/91/b and in the said suit the said Martha and Elvira had filed a written statement on 23-6-93 and, had produced a document (Exh. P. W. I/el) executed by the Uncle of defendant No. 1, Joaquim Francisco Roque Santana Cotta whereby the property in an area of 2675 sq. mtrs. was agreed to be sold by the said Joaquim francisco to Smt. Teresa Gomes, the late mother of the said Martha and elvira for a consideration of Rs. 55. 000/ -.

(3.) THE plaintiff had stated that the said agreement showed that the area agreed to be sold to the said Teresa Gomes was the southern portion of the property "nelitoleaxeta" and the northern portion was at that time already sold to some other party (Mrs. Rosada Crasto) and the portion agreed to be sold to Smt. Teresa gomes was the only portion which had remained to be sold.