SANTOSH NARSINHA NAIK Vs. RESSURREICAO ALIAS ROBERTO PEREIRA

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree dated 31/10/2011 passed by the learned Adhoc District Judge-I, FTC-I, South Goa, Margao in Civil Suit No.170 of 2004 (New) Regular Civil Suit No.181/2002/A (Old) .

(2.) The brief facts necessary for the disposal of the appeal may be stated thus;

(3.) The material case made out in the plaint was that; about 30 years prior to the filing of the suit, the plaintiff no.1 allowed the father of the defendant no.1 Narsinha Naik to use and occupy one room on leave and licence basis on payment of licence fee of Rs.25/- per month. It was an oral licence which was renewed from time to time. The room which is subject matter of dispute is bearing House no.141/B surveyed under chalta no.42 of P.T. Sheet no.209 which is herein referred to as the suit premises.