ADOLF OLEGARIO Vs. MARIA ALBERTINA DE SOUZA

JUDGEMENT

(1.) THIS is defendants' second appeal arising from R.C.S. No.19/96/E.

(2.) HEARD the learned Counsel on behalf of both the parties. The parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

(3.) THE dispute between the plaintiffs and the defendants was regarding a strip of land, referred to as a passage admeasuring about 35 sq. meters lying on the eastern side of the property of the plaintiffs known as "Punola" admeasuring 560.50 sq. meters and surveyed under No.20/2. In fact, the said strip has been surveyed not as part of survey No.20/2 but as part of survey No.20/1 belonging to the defendants. There is no dispute that the property of the plaintiffs which is surveyed under No. 20/2 abuts on a public road on the northern side while it is bounded on the western, southern and eastern sides by the property of the defendants. The plaintiffs claimed that the said strip which was surveyed as part of survey No.20/1 was part and parcel of their property Punola, purchased by the husband of plaintiff No.1 by Deed dated 31-8-1936 admeasuring 560.50 sq. meters and the said strip was wrongly surveyed, in view of their absence, in the name of the defendant/s.