INACIO MARIANO DIAS Vs. PALMIRA VALADARES

JUDGEMENT

(1.) RULE. By consent heard forthwith.

(2.) THE plaintiffs, in a suit for permanent injunction restraining the defendant from trespassing in the suit property or otherwise obstructing the enjoyment of the property are the revision petitioners herein.

(3.) THE petitioners filed an injunction application along with the Suit No. 167/92 and interim injunction restraining the defendant. The petitioners case is that the suit property originally belonged to the Communidade of Carambolim surveyed under Nos. 280/1 and 288/1. The petitioners claimed that they are in exclusive possession of the property as tenants since 1954-1957. In an auction by the Communidade in 1954-1957 of the suit property which is a cashew garden, one Smt. Maria took the suit property on rent and sub-leased the same to the petitioners No. 1 to 3 and predecessors of the plaintiffs No. 4 and 5. Since the time of the said auction the petitioners claim that they used to pay rent to the Communidade till 1971.