COMMUNIDADE OF CURTORIM Vs. FRANCISCO REBELLO

JUDGEMENT

(1.) THE challenge in this revision is the judgment of the Additional District Judge, Margao, dated September 6, 1994 in Civil Miscellaneous Application No. 141 of 1990 in Miscellaneous Civil Appeal No. 81 of 1990 filed by the respondent against the petitioner whereby the learned Additional District Judge has upset the order of the learned Civil Judge, Junior Division, Margao, dated July 27, 1990 in Civil Miscellaneous Application No. 139 of 1990 attached to Regular Civil Suit No. 66/86/d.

(2.) THE case of the petitioner is that they are the owners of a plot of land situated at S. Jose Areal which was earmarked for thrashing ground. Somewhere in the year 1982 the respondent has applied for a grant (aforamento) in respect of a part of that land for construction purpose. The petitioner rejected his application because under the Code the said land could not be granted for residential purposes since it was earmarked for the common use of the Communidade for the purpose of a thrashing ground. Inspite of that in the year 1986 the respondent started unauthorisedly a construction in the said plot without taking the permission of the petitioner, therefore immediately a suit was filed by the petitioner against the respondent for permanent and mandatory injunction seeking to restrain him from interfering in the suit property and from doing any construction work therein. In the said suit a temporary and interim injunction was also applied and granted by the trial Court whereby the respondent was restrained from interfering with the suit property or from doing any construction therein during the pendency and disposal of the suit.

(3.) IT appears that consequent upon an amendment inserted in the Code of Communidades in the year 1986 whereby the Administrator of Communidade was empowered to demolish illegal constructions the said Administrator issued a notice to the respondent to show cause as to why the illegal construction should not be demolished. At this stage the respondent approached the Civil Court and in the suit filed by the petitioner sought for an injunction against the petitioner and the said Administrator praying for an order restraining the said petitioner and Administrator of Communidade from demolishing the suit structure. By order dated July 27, 1990 the learned Civil Judge rejected the application of the respondent. The respondent then carried an appeal against this order before the learned Additional District Judge, who, by the impugned judgment, has reversed the order of the trial Court and granted the relief in favour of the respondent by restraining the petitioner, its agents, servants, including the Administrator of Communidade from demolishing the suit structure.