PHILOMENA SEVERINA PEREIRA Vs. CARMELINA PEREIRA

JUDGEMENT

(1.) THESE are plaintiff's second appeals arising from R. C. S. No. 211/1999/b and the same can be conveniently disposed of by this common judgment.

(2.) HEARD Ms. S. Naik, learned Counsel on behalf of the appellant/plaintiff and Mr. N. N. Sardessai, learned Counsel on behalf of the respondents.

(3.) BROADLY stated, the dispute between the parties was regarding Chalta nos. 12, 13 and 14 of P. T. Sheet No. 135 of Mapusa and regarding which there was a partition deed executed between them on 9-10-1972, the execution of which was subsequently admitted by the plaintiff, and, under which Chalta No. 13 was allotted to the plaintiff, Chalta No. 12 to defendant No. 1, and Chalta No. 14 to defendant Nos. 2 and 3. The plaintiff filed the suit seeking declaration and permanent injunction in relation to Chalta Nos. 13 and 14 and stated that Chalta no. 14 was erroneously recorded in the name of Respondent No. 2 but Chalta nos. 13 and 14 were in exclusive possession of the plaintiff and prior to that in the possession of her in-laws. Plaintiff claimed adverse possession in respect of the said Chalta number as against defendant Nos. 2 and 3 and further claimed that defendant No. 1 who happened to be a relation of defendant No. 2 had no right to interfere with the suit property i. e. Chalta Nos. 13 and 14 and the residential house situated in Chalta No. 14.