ABDUL REHMAN SHEIKH HUSSEIN Vs. RAVINDRA VASSANT QUENCRO

JUDGEMENT

(1.) HEARD Mr. Lotlikar, learned Senior Counsel appearing on behalf of the appellants and Mr. Ramani, learned Counsel appearing on behalf of the respondent no.1.

(2.) THIS Second Appeal is directed against the judgment and decree dated 02/08/2007 passed by the learned District Judge -I, North Goa Panaji (First Appellate Court, for short) in Regular Civil Appeal No. 64 of 2006, thereby confirming the Judgment and decree dated 31/12/2005 passed by the learned Civil Judge, Junior Division, Ponda, Goa (Trial Court, for short) in Regular Civil Suit No. 43/2004/D.

(3.) THE plaintiff had filed the said suit for permanent injunction, mandatory injunction and demolition of the illegal construction. Originally, the suit was filed only against one Sheikh Lukruddin Sheikh Mohammed as sole defendant to restrain him, his family members etc. from causing interference with, or encroachments in or from planting and/or including any works of construction and/or causing any damage to said plot no. 3 or any portion thereof and for a mandatory injunction directing the defendant to demolish the illegal construction and/or to restore the land to its original position. It was the case of the plaintiff that he was the owner of the property bearing survey no. 12/1 designated as plot no. 3 situated at Bhoma village of Ponda, Goa. It was further alleged that the defendant had made illegal construction around 1980 as shown on the plan in the said property without the consent of the plaintiff's father and the said defendant pleaded with the father of the plaintiff that he would purchase the said plot and to bear with the illegal construction, till then. However, during the second week of January, 2003, the defendant told the plaintiff that he is not interested in purchasing the said plot due to which the plaintiff sent a legal notice to him to remove illegal encroachments. The notice was returned unserved. Hence, the plaintiff filed the suit against the defendant.