GERSON FERREIRA Vs. INACIO CRUZ DOS M PAES

JUDGEMENT

(1.) THE petitioner challenges in this petition under Article 227 of the Constitution the judgment of the Administrative Tribunal, Goa, Daman and Diu (hereinafter called the Tribunal), dated 27th September, 1989, in Land Revenue Appeal No. 15 of 1987 which has unsettled the judgment of the Additional Collector of Goa, dated 24th February, 1987, in First Appeal No. LRC/ac/1/1984.

(2.) BY the aforesaid judgment the learned Additional Collector has reversed the judgment of the Deputy Collector, South Division, Margao-Goa, dated 5th September, 1983, whereby he has dismissed an application moved by the petitioner praying for settling the boundary dispute with regard to the landed property surveyed under No. 107/4 of village Assolna, Salcete Taluka. In other words the impugned judgment of the Tribunal has held the judgment of the Deputy Collector which has directed that the property surveyed under No. 107/4 could be re-surveyed in conformity with the old survey map.

(3.) THE petitioner as well as the respondents Nos. 1 and 2 are the co-owners of the undivided property known as Baimfol situated at Assolna bearing Matriz No. 1707 and surveyed under No. 107/4. It is the case of the petitioner that though the property was common, however, each co-owner was enjoying specifically distinct portions of the property. To the north of this property there is property belonging to respondent No. 1 presently surveyed under No. 107/1. It is further the case of the petitioner that the portion of the property surveyed under No. 107/4 which is in his enjoyment and possession including two coconut trees was wrongly included under Survey No. 107/1. Therefore as there was a dispute regarding the boundaries of the property surveyed under No. 107/4 the petitioner moved an application on 13th March, 1979 addressed to the respondent No. 3 requesting him to re-survey the said property and re-define its boundaries in terms of section 113 of the Land Revenue Code (hereinafter referred to as the Code) so as to include in the petitioners land the area excluded therefrom.