FILIP NERI AND ORS Vs. RAJENDRA REBELLO

JUDGEMENT

(1.) The appellants/applicants being aggrieved by the judgment and decree dated 28.7.2009 in Land Acquisition Case No. 25/2008 passed by the District Court, South Goa at Margao, have filed First Appeal no.240/2009. It is contended by the appellants/ applicants that the name of the original appellant Filip Neri, Since deceased was recorded in old form I and XIV however the respondent has illegally recorded his name in the survey records. After notification under Section 4 of the Land Acquisition Act, the respondent produced the said form I and XIV before the Reference Court and on the basis of which the Court has recorded a finding that the possession was with the respondent. However, the applicants/appellants have other documents like order dated 6.8.2003 in which it is mentioned that the respondent has admitted that he has no right in the suit property. According to the appellants/applicants, the respondent taking undue advantage of the mutation entry in his name with regard to the acquired land, the learned Reference Court has wrongly held that the respondent- party no. 2 is entitled to receive the compensation.

(2.) I have heard arguments of Mr. P. A. Kamat, learned counsel appearing for the applicants/appellants. The respondent though served with the notice remained absent.

(3.) During the course of arguments, Mr. Kamat, learned counsel has stated that initially the acquired land i.e. survey no. 49/3 was recorded in the name of Filip Neri, however, after the notification under Section 4 of the Act, the party no. 2 Rajendra Rebello has recorded his name in form I and XIV and produced the same before the Reference Court, and mislead the Court.