VISHNU GOVIND NAIK Vs. HARISHCHANDRA DATTARAM THAKUR

JUDGEMENT

(1.) This is plaintiff's second appeal arising from R. C. S. No. 16/98.

(2.) The parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

(3.) Broadly stated, there is a property known as "gawthan" having land registration no. 1061 which belonged to the family of francisco Xavier Carmo Vaz and his wife Maria peres Vaz and which property subsequently came to be surveyed under survey nos. 24/1 and 25/3. The family of the plaintiff had their house in survey no. 24/1 and that of defendant in survey no. 25/3. The defendant has been subsequently declared as a mundkar in respect of the said house. The dispute between the parties is as regards an open space which according to the plaintiff is about 50 sq. meters and, admittedly in the said 50 sq. meters the defendant had a cowshed and cow dung pit, and was encircled by a fence made of shrubs. The plaintiff's father by Sale Deed dated 10-09-1934 purchased 1/6th part of the said property while the defendant by Sale Deed dated 23-05-1988 purchased the remaining share from the daughter of the said Francisco Xavier Carmo vaz. It appears that there was a dispute as regards the said open space previously between the defendant and one Sada Bala Thakur and the defendant was held to be in actual possession of the said space by the Sub-Divisional Magistrate, Panaji in Chapter proceedings No. MAG/rs Case No. 769.