CARLOTA FERNANDES Vs. MUKUND SHAMBA NAIK

JUDGEMENT

(1.) JUDGMENT: this appeal is filed by the defendant No. 1 in Special Civil Suit No. 156/1991/a against the Judgment dated 30. 09. 1996 of the learned Civil Judge Senior Division, Mapusa by which the said learned Civil Judge Senior Division dismissed the counter claim filed by the defendant No. 1 and decreed the Suit filed by the Plaintiffs.

(2.) SOME facts are required to be stated to dispose of the present Appeal and for that purpose the parties hereto shall be referred to by their names as they appear in the cause title of the said Civil Suit.

(3.) THE plaintiffs No. 1, 3, 5 and 7 along with the defendant No. 2 in the said Civil Suit were brothers who purchased a property known as "gharbhat" bearing Survey No. 110/2 by Sale Deed dated 8. 11. 1990 from one Maria Belmira Lourdes Alda de Rocha and others.