LAWS(BOM)-2004-7-224

GOA ANTIOBIOTICS AND PHARMACEUTICALS LIMITED Vs. NAMDEV SHANKAR

Decided On July 22, 2004
Goa Antiobiotics And Pharmaceuticals Limited Appellant
V/S
Namdev Shankar Respondents

JUDGEMENT

(1.) THIS is Plaintiffs Second Appeal arising from Regular Civil Suit No.82/90.

(2.) THE Appeal was admitted but no substantial question of law was framed. The said substantial question of law, as Shri J.P. D'Souza, learned Counsel of the Plaintiffs/Appellants, submits relates to the perversity of findings of both the Courts below based on documents which have not been considered in their proper perspective.

(3.) THE Plaintiffs are a Government Company registered under the Companies Act, 1956. Their case was that the land surveyed under No.47/0 belonged to the Government and that by a Lease Deed dated 19th April, 1982, the Government was pleased to lease to the Plaintiffs a portion of the said Survey No.47 admeasuring 84,413 sq. metres. The case of the Plaintiffs was that their name appeared as lessees in respect of the said portion of the property and that the remaining portion was in possession of the Forest Department of the Government.