INDIAN HOTELS COMPANY LTD. Vs. ANTONIO FLORIANO FERNANDES

JUDGEMENT

(1.) Heard Mr S.S. Kantak, learned Senior Advocate, with Mr Iftikhar Agha, Mr S. Kher, Mr K. Morajkar, Ms S. Desai and Ms V. Fernandes, learned counsel for the Appellant, Mr S.G. Desai, learned Senior Advocate with Mr T. Rane, learned counsel for Respondent Nos. 1, 2, 4, 5, 6 and 7, and Mr Dhaval Zaveri, learned counsel for Respondent No.1 (f).

(2.) This Second Appeal is directed against the judgment and decree dtd. 9/1/2007 made by the Ad-hoc District Judge-2 at Panaji (First Appellate Court) allowing Regular Civil Appeal No. 149/2001 setting aside the judgment and decree dtd. 29/9/2001 and decreeing Regular Civil Suit No.226/2000/Jr instituted by Respondent Nos. 1 and 2 herein against the Appellant and Respondent Nos.3 to 7. In terms of the impugned judgment and decree, the sale deed dtd. 9/4/1985, by which the suit property was conveyed to the Appellant, was declared void to the extent of 596 square metres only. The Appellant was directed to hand over the possession of this area of 596 square metres to Respondent Nos. 1 and 2 herein(plaintiffs) in the suit.

(3.) This Second Appeal was admitted by order dtd. 17/1/2014 on the following substantial question of law: