LAWS(BOM)-2005-3-174

PARASHURAM PANCHAIGHAM Vs. NAGUESH RAIA NAIK

Decided On March 31, 2005
PARASHURAM PANCHAIGHAM Appellant
V/S
NAGUESH RAIA NAIK Respondents

JUDGEMENT

(1.) THIS is plaintiff's second appeal arising from R.C.S. No.120/81.

(2.) THE dispute between both the parties is regarding the property admeasuring about 6225 sq. metres and surveyed under No.85/1 as � Shristhal of Poinguinim village in Canacona Taluka, lying between two roads connecting Margao Karwar road (National Highway).

(3.) ON the other hand, it was the case of the defendants, that they are the owners of the property known as � Ramfolalem or � Vencotexa Naraina Folagoracodil which was purchased by the mother of the defendant No.1 in the year 1930 by sale deed dated 2.8.1930, having Land Registration Nos.3018 and 3019 and Matriz Nos. 385 and 388 and surveyed under Nos. 92/1, 92/2, 92/4, 92/7 and 85/1. The defendants stated that survey No.85/1 which is a part of the defendants' property was wrongly surveyed in the name of the plaintiff and appropriate proceedings to correct the Index of Land was filed before the Deputy Collector and that the said survey No.85/1 was not promulgated.