LAXMI GUIRMAJI FAL DESAI Vs. COMMUNIDADE OF SIRVOI

JUDGEMENT

(1.) HEARD Mr. D'Silva, learned Counsel appearing on behalf of the appellants.

(2.) THIS appeal challenges the judgment and decree dated 30/07/2007 passed by the learned Ad hoc District Judge -I, FTC -I (First Appellate Court, for short) in Regular Civil Appeal No. 31/1997, which in turn was filed against the judgment and decree dated 26/03/1997 passed by the learned Civil Judge, Senior Division, Quepem (Trial Court, for short), in Regular Civil Suit No. 72/1978/A.

(3.) THE plaintiff had filed the said suit for permanent injunction, mandatory injunction and for damages against the original defendant. The suit property was described in the plaint to be known as "Xancaria vorli Murdy" commonly known as "Godgal" bearing matriz no. 528 and survey no. 156/1 of Sirvoi village. According to the plaintiff, the said defendant became deemed owner of the land bearing survey no. 156/2, but had no right of whatsoever nature to the suit property. Alleging that the defendant trespassed the suit property by cutting the forest growth for doing cultivation therein and erected two huts therein, the plaintiff filed the suit. It was alleged by the defendant that in Tenancy Case no. 23/1971 filed against one Divakar Sirvoikar and the plaintiff, the defendant was declared as deemed tenant of the paddy field known as "Godgal" which is in three adicoes (lancoes), situated at Sirvoi, since 1963. According to the defendant, the said three adicoes (lancoes) correspond to the entire area under survey no. 156, with all its sub -divisions.