GOVERNMENT OF GOA Vs. BENEDITO D'SOUZA

JUDGEMENT

(1.) HEARD rival arguments advanced on the limited aspect as to whether issue No. 1 was properly framed and answered. Present appeal is preferred by the original plaintiff i.e. Government of Goa through Chief Secretary, Panaji -Goa as plaintiff No. 1 and the Deputy Conservator of Forest, South Goa Division, Margao as plaintiff No. 2 challenging the judgment and decree in Civil Suit No. 112/2004 (new) dated 13/04/2006. By the said impugned judgment and decree the suit was dismissed and parties were directed to bear their own costs.

(2.) THE suit was filed for declaration that the Government of Goa is the owner in possession of the suit property and that the defendants have no right whatsoever in the same.

(3.) BY pointing out the above it is submitted on behalf of the plaintiffs that even if the present appeal is allowed the effect created by issue No. 1 still remains that the plaintiffs are not the owners of the entire property bearing survey No. 4. In fact, what was emphasized on behalf of appellants/State that the trial Court had misdirected itself so far as identity of the suit property and this aspect is required to be cured by the trial Court itself for want of framing of the proper issue. In support of these submissions following authorities are cited before the Court on behalf of the State: