RAJENDRA VASUDEV POROB DESSAI DESHPRABHU RAURAJE Vs. SMT. SITADEVI ALIAS JAYA RAGHURAJ DESHPRABHU (BOMBAY)(GOA BENCH)

JUDGEMENT

(1.) This First Appeal is directed against the Judgment and Decree dated 21st July, 1999 passed by the IInd Additional Civil Judge, Senior Division, at Mapusa whereby the plaintiff's suit for declaration and correction of the revenue entry came to be dismissed. Brief facts first :-

(2.) The defendants traversed the case set up by the original plaintiff in the plaint and raised the objection that the suit was barred by time as the possession of the late Raghuraj Vassudev Deshprabhu in the suit property was confirmed by Order dated 29th December, 1978 in the enquiry conducted by the Enquiry Officer, City Survey, Mapusa and that too on the strength of the statement made by the attorney of the original plaintiff. According to the defendants the limitation for the reliefs claimed in the suit commenced on 29th December, 1978 and the suit filed on 1st February, 1990 was barred by time. The defendants also set up the defence that the Deed of Gift dated 27th February, 1941 was never acted upon in respect of the suit property and that the Gift Deed and inscription made in the Land Registration Office at Bardez in the name of the original plaintiff was only on paper. The late Raghuraj was in possession of the suit property in his own right for more than 30 years. It was submitted that the late Raghuraj was the owner of the suit property and after his death, the defendants have become owners.

(3.) The original plaintiff died during the pendency of the suit and his legal representatives were brought on record.