SADASSIVA RAUJI GAITONDE Vs. JOSE JOAQUIM FONSECA

JUDGEMENT

(1.) This is a defendants appeal.

(2.) The dispute refers to a property named "Xir" or "Molloi" Vinanechem Bata together with a residential house standing thereon.

(3.) Plaintiffs claimed title to the suit property by virtue of a sale deed dated 16-6-1960 executed by one Rajaram Vaglo. Earlier, plaintiffs had brought a suit under Art. 1043 of the Portuguese Civil P. C. r/w Section 953 of the Port. Civil Code for summary eviction of these defendants i. e. Sadashiva (Since deceased) and his wife. The suit was decreed by the trial Court but in appeal the decree was set aside by the Court of the Judicial Commissioner on the ground that the property was in possession of defendant Sadashiva for a period exceeding one year before the filing of the suit and no relief by way of summary eviction under Art.1043 of Port. Civil P. C. (which is analogous to Section 6 of the Specific Relief Act, 1963) could be granted. Plaintiffs therefore were obliged to file a suit for declaration of title and recovery of possession.