JOSE SEBASTIAO PEREIRA Vs. SAROJINI ISAURA PEREIRA

JUDGEMENT

(1.) The challenge in this Second Appeal at the instance of the original plaintiffs is to the concurrent findings of the courts below, dismissing the suit filed by the appellants, while allowing the counter claim filed by the respondent no.1/defendant no.1.

(2.) For the sake of convenience, the parties are referred to in their original capacity as plaintiffs and defendants.

(3.) The said gifts were accepted by the plaintiff no.1. Further according to the plaintiffs late Joaozinho Pereira was fond of his niece, the plaintiff no.3 and was treating her as his own daughter. During his life time, late Joaozinho Pereira had gifted the plaintiff no.3 certain amounts as set out in para 3 of the plaint. The gifts were accompanied by the relevant certificates which were received by the plaintiff no.1 on behalf of his minor daughter.