LUIS JOAO GOMES Vs. CONCEICAO FERNANDES

JUDGEMENT

(1.) This Second Appeal directed against the judgment dated 12th Dec., 1985, passed by the learned District Judge, Panaji. was admitted on the following substantial questions of law:-

(2.) A few facts are necessary to be set out for the proper understanding of the case. The appellant had filed a suit for recovery of possession of two properties, viz., "Turiavoz" and "Marvod" both situated in the village of Parra. According to the plaintiff/appellant, he had entrusted the respondent with the job of looking after the said properties, in the year 1966, by an oral agreement. It had been also agreed that such entrustment could be terminated at any time by giving prior notice of one month. The appellant terminated the said agreement, but in spite of such termination, the respondent did not hand over possession the said properties. Hence, the suit.

(3.) The suit was resisted mainly on the ground that there was no entrustment of the suit properties to look after them, for the plaintiff had created a lease in respect of the suit properties in the year 1964.