ANJANI GHANASHAM DESSAI Vs. DIGAMBER DATTU DESSAI

JUDGEMENT

(1.) HEARD rival arguments at length on this First Appeal preferred by original defendant no.1 challenging the judgment and decree passed in Civil Suit No.303/2004 dated 30/08/2008. Said suit was filed by present respondents no.1 & 2, original plaintiffs. In the original suit, the present appellant was defendant no.1 and Assistant Engineer Sub -division -II, PWD, Goa was defendant no.2 and State of Goa was defendant no.3. The impugned judgment and decree is against the present appellant/original defendant no.1 only and, as such, present appellant is the only aggrieved party and there is no appeal preferred by original defendants no.2 & 3, as there was no obligation placed on them by impugned judgment and decree. Prior to discussing the case of the rival contesting parties, the averments in the plaint and in the written statement and the issues framed and the answers given and the final order passed are mentioned herein below to have proper perspective of the case.

(2.) PRESENT appellant is hereinafter referred to as the defendant no.1 whereas the present respondent no.1 is referred to as plaintiffs.

(3.) IT is the case of plaintiffs that they have purchased the suit plot which is admeasuring 610 square metres by registered sale deed dated 25/02/2004 and subsequent deed of ractification/rectification from one Jose Adolfo Figueredo. Said Jose was the owner of 4/8th part of the property known as "Govatil Choato". Said property was enrolled in the Taluka Revenue Office of Quepem under matriz No.1125. It is situated in Village Shelvona. The 4/8th share of said Jose was surveyed and numbered as 31/44. Out of said survey number plaintiffs have purchased 610 square metres of land as mentioned above. Admittedly, about 25 years back prior to the purchase of the land of the plaintiffs, defendant no.2 had constructed a road through the said survey number and which is referred as 'tar road' in the plaint.