LAWS(BOM)-2017-10-216

ANTHONY MARCELINO BARRETO Vs. THE STATE OF GOA

Decided On October 10, 2017
Anthony Marcelino Barreto Appellant
V/S
THE STATE OF GOA Respondents

JUDGEMENT

(1.) Rule. By consent, returnable forthwith. Respondents waive service of Rule. By consent, the Petition is taken up for hearing and final disposal.

(2.) We have now an affidavit in reply filed by one Deepali D Naik on behalf of the 2nd Respondent, the Mormugao Municipal Council. She is its Chief officer.

(3.) The Petition relates to the strangest thing. The 2nd Petitioner is a widow. She is the sister of the 1st Petitioner. The 1st Petitioner owns Chalta No 74, PT Sheet No 149 of Vasco. This property originally belonged to one Maria Angelica Barreto. She bequeathed it to the 1st Petitioner by a Public Testament dated 27th December 1989. On Maria's death, a declaration of Succession dated 31st July 1990 was executed in favour of the 1st Petitioner. On this property there is a residential house No 193 that belongs to the 2nd Petitioner. There the 2nd Petitioner lives with her 14-year-old daughter. The 2nd Petitioner pays house tax to the 2nd Respondent and also has utility connections.