JERSON JOHN BRAGANZA Vs. JOHN BRAGANZA & ORS

JUDGEMENT

(1.) The Plaintiff has filed the present suit for possession of the suit premises. The Plaintiff has taken out a notice of motion in the suit (Notice of Motion No.4016/2007) for appointment of Court Receiver and interlocutory injunction restraining the Defendants from creating third party rights in respect of the suit premises. During the pendency of the suit, the original Defendant expired and his heirs were brought on record as Defendant Nos.1(a), 1(b) and 1(c).

(2.) The Plaintiff's case in brief may be set out thus:

(3.) In his written statement, it is the case of the original Defendant that the Defendant at all material times was seized and possessed of the suit premises under a registered Lease Deed dated 27 May 1964 duly registered with the Sub-Registrar of Assurances. The Defendant relies on various documents showing his possession from the date of the lease. The Defendant also puts the Plaintiff to the strict proof of the latter's ownership of the larger plot of land, including the suit premises. On limitation, the Defendant's case is that the Defendant has been in long and continuous possession of the property since about 1963, having also filed an injunction suit in 1981, which was contested between the parties till 1999. It is submitted by the Defendant that the period of limitation for filing the present suit for recovery of possession, namely, 12 years, has lapsed long back and the suit is liable to be dismissed as barred by limitation.