ARJUN JAIRAM PARAB Vs. SONU @ SANJAY KRISHNA PARAB

JUDGEMENT

(1.) The challenge in this appeal is to the judgment and decree dated 14/9/2005 passed by the learned Additional District Judge at Mapusa in Regular Civil Appeal no.70/2004. By the impugned judgment, the appeal filed by the respondent has been allowed thereby dismissing the suit filed by the appellant.

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

(3.) The suit property consists of land survey no.43/12 known as "Govind Naik Bhatlem" situated at Virnoda Taluka, Pernem. Admittedly the suit property is common undivided and joint ancestral property belonging to the appellant, the respondent and other co owners. The respondent, who is admittedly the co owner of the suit property has his residential house standing therein. The appellant has also his house standing in the suit property which is to the eastern side of the house of the respondent.