WILSON THEMUDO Vs. NASCIMENTO FERNANDES

JUDGEMENT

(1.) HEARD Mr. C. Mascarenhas, learned Advocate for the petitioners and Mr. D. Pangam, learned Advocate for respondent no.2.

(2.) RULE. By consent heard forthwith.

(3.) ON the basis of the pleadings, the trial Court framed following issues:- 1. Whether the plaintiffs prove that the plaintiff No. 1 permitted the defendants to reside in half constructed shop premises till they were in a position to obtain another dwelling house? 2. Whether the plaintiffs are entitled to evict the defendants from shop No. 11/1028 situated in Chalta No. 36/138 of City Survey Margao? 3. Whether the plaintiffs are entitled for compensation of Rs.2,000/- per month with interest at the rate of 10% per annum by way of mesne profit from the date of institution of the suit till the defendants are evicted from the structure bearing shop no.11/1028 in Chalta No.36/138 and till the time of handing over the peaceful possession of the same to the plaintiffs? 4. Whether the defendants prove that the plaintiff No. 1 got the property transferred in his name without the knowledge and consent of the defendants and by playing fraud on the mother/mother in law of the defendants as such the deed of sale and the deed of rectification is null and void? 5. Whether the defendants prove that the house and the property appurtenant to the house was originally a mundcarial house of the defendants parents?