DAMODAR TUKARAM GAUNKAR Vs. GOPINATH RAMA GAUNKAR

JUDGEMENT

(1.) In this defendant's Second Appeal, arising from R.C.S. No. 116/ 1986, two substantial questions of law require consideration, and they are as follows:

(2.) The parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

(3.) The dispute between the plaintiff and the defendant who are related to one another in R.C.S. No. 62/78 was regarding a structure/taverna situated in Survey No. 15/2 of Costi village. As per the defendant, the said structure was utilized as a store-room but later on the same was let out to Govind Rama Gaonkar, the brother of the plaintiff to run a taverna on payment of monthly rent of Rs. 10/- which was paid for about two months and thereafter remained unpaid till about 21-9-77 when the said Govind R. Gaonkar expired and that after the death of Govind, the plaintiff entered the said structure without their permission and the defendant thereafter served a legal notice dated 19-11-77 directing him to vacate the same and thereafter filed R.C.S. No. 62/78 for eviction of the plaintiff. The case of the plaintiff in R.C.S. No. 62/78 was that the said structure was constructed by him and his late brother Govind Rama Gaonkar with the permission of Smt. Sanguemkar who owned the said property prior to its sale to the father of the defendant and that it was constructed about 30 years back and as such they had acquired right to the land whereon the said structure stood by virtue of continuous possession. The evidence of the defendant as plaintiff in R.C.S. No. 62/78 was recorded on 7-12-1981 and thereafter on 1-7-1986 both the parties filed terms of compromise and the learned Civil Judge S.D. at Quepem decreed the suit in terms of the compromise filed by both the parties. One of the terms of the said settlement was that the plaintiff would continue to conduct business of Taverna in the said structure until the time he was unable to conduct it personally.