ASSUNCENA DO REGO Vs. SIMPLICIO P C FERNANDES

JUDGEMENT

(1.) This appeal and cross objections are directed against the judgment dated 15/07/2000 of the learned Civil Judge, Senior Division at Panaji, by which the suit filed by the plaintiff has been dismissed.

(2.) The parties hereto shall be referred to in the names as they appear in the cause title of the suit.

(3.) By notification issued under Section 4(1) of the Land Acquisition Act, 1894 and award dated 4/10/1985, the Government acquired vast land situated at Calapur and other villages. In that they included the land belonging to the Communidade of Calapur/defendant no. 3 of which the plaintiff and defendants no. 1 & 2 (defendants, for short) were the tenants. Compensation was paid to them on 50.50 basis i.e. to defendant no.3/Communidade half of the amount and to the plaintiff and the defendants the remaining half. The said payment was done on the basis of the survey records. Compensation relating to survey no. 225 was taken by the plaintiff and Compensation relating to survey nos. 226, 227 and 196 was taken by the defendants on 30.20 basis. In fact, the entire property claimed by the plaintiff as well as the defendants, as tenants of defendant no. 3/Communidade has been acquired and the dispute which now remains is only as regards the compensation.