FELIX FERNANDES Vs. ANTONIO LOBO

JUDGEMENT

(1.) THIS is defendants' Second Appeal arising from Special Civil Suit No.157/1989.

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

(3.) THERE is no dispute that the plaintiffs are the owners of the property known as Tropa or Seliem Bhat under survey no. 211/1 situated at Cobrawado, Calangute. There was also no dispute that the defendants have been residing in the house identified by letter 'B' as the original house of the defendants and according to the plaintiffs, the said original house admeasured about 82 square metres. The plaintiffs did not seek the eviction of the defendants from the original house identified by letter 'B', but, with the allegation that the defendants did extensions/encroachments identified by letter 'A' admeasuring 36 square metres in or about December, 1987; identified by letter 'C' admeasuring 25 square metres in or about October 1983; identified by letter 'D' admeasuring 33.725 square metres in the year 1978 and identified by letter 'E' admeasuring 9.125 square metres in October, 1983, filed the suit for (a) demolition of the said structures identified by letters 'A', 'C', 'D' and 'E' in the plan annexed and to restore the suit property in its original condition to the plaintiffs and to close the door opened on the western side, and (b) to restrain the defendants by way of permanent injunction from interfering in any portion of the suit property in any manner whatsoever or from doing any construction of whatsoever nature in the suit property.