LAWS(BOM)-2014-9-241

JOANA FRANCISCA ERRIE Vs. ALBANO VESPANIZIANO JOSE VAZ

Decided On September 25, 2014
Joana Francisca Errie Appellant
V/S
Albano Vespaniziano Jose Vaz Respondents

JUDGEMENT

(1.) HEARD learned Counsel for the respective parties.

(2.) THIS Second Appeal is directed against the judgment and decree dated 04.07.2002 passed by the learned District Judge -I, South Goa, Margao ("First Appellate Court", for short) in Regular Civil Appeal No. 496/2010/I. The said appeal was, in turn, filed against the Judgment and decree dated 20.08.2010 passed by the learned Civil Judge Junior Division, Margao ("trial Court", for short) in Regular Civil Suit No. 21/2010/C (new) : Special Civil Suit No. 144/2006/II (old).

(3.) THE appellants were the defendants no. 1 to 5 in the said suit; the original respondent no. 1 and respondent no. 2 were the plaintiffs; and the respondents no. 3 to 6 were the defendants no. 6 to 9 in the said suit. The parties shall hereinafter be referred to as per their status in the said suit. The plaintiffs had filed the said suit for declaration that Gift Deeds dated 04.06.1956 and 18.01.1982 are illegal and null and void and to direct the Sub -Registrar of Salcete to cancel the registration of the Gift Deed dated 18.01.1982. The case of the plaintiffs, in short, was as follows :