HANS JURGEN BUCHMANN Vs. LEOPOLDINA C RODRIGUES

JUDGEMENT

(1.) THE appellant herein is the plaintiff in S. C. S. No. 12/98 and his plaint in the said Civil Suit filed on 11. 2. 98 for specific relief, permanent injunction and other reliefs has been rejected by the learned Addl. Civil Judge S. D. , Vasco-da-Gama, by his Order dated 23. 4. 1998 in terms of Order 7, Rule 11 (d) of C. P. C.

(2.) THE parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

(3.) BRIEFLY stated, it was the case of the plaintiffs that they were German and Swedish Nationals having their permanent residence in Germany and that they had been visiting India as tourists for over ten years, when they came in contact with defendant No. 1 and through her the other defendants. The plaintiffs stated that defendant No. 1 being a widow had three minor children to support and was in considerable financial difficulties and was not having a suitable dwelling house as the house in which she was residing was in dilapidated condition and therefore the plaintiffs agreed to provide, through the intervention of defendant no. 4, who at that time was posted at Bogmalo Church, financial assistance to develop her property and to assist her to build a new structure in place of the old house and accordingly the plaintiffs provided defendant nos. 1 and 4 with regular finance in India and defendant Nos. 1 and 4 utilised the finance for the construction of the present building in which defendant No. 1 and her children reside.