SHABA ZULO SHET Vs. GOPAL DATTA VARIK

JUDGEMENT

(1.) THE above appeals arise out of common judgment and order dated 24/6/2002 passed by the learned District Judge, South Goa, Margao (Reference Court, for short.) in Land Acquisition Cases No. 218/89/I, 224/89/I, 64/87, 221/89/I and 223/89/I. The M. C. A.s, tagged to the above appeals, are filed under Order XLI, Rule 27(aa) of Civil Procedure Code, for leave to tender in evidence a certificate of death regarding Satyabhama Bolnekar. By order dated 24/11/2011, this Court has directed that the said M. C. A.s shall to be considered along with the appeals.

(2.) FACTS giving rise to the appeals, in short, are as follows:

(3.) THE appellants who are the legal representatives of Radha and Zulo claimed to be owners of 4/5th share in the acquired land and, therefore, claimed 4/5th share of the entire compensation. The respondents (Variks) claimed 1/5th share in the acquired lands, alleging that they had purchased the same from Purushottam Zulo Shet by Sale Deed dated 10/5/1968 and prayed that 1/5th share of compensation be paid to them. The third claim was of respondent, Ulhas Krishna Fondekar who claimed to be owner of 1/4th share in the acquired lands alleging that by Sale Deed dated 16/12/1982, he had purchased the 1/6th or more than 1/6th share in the entire properties from Ramchandra Balu Bolnekar, his wife Smt. Sita Ramchandra Bolnekar, Shri Laximan Balu Bolnekar and his wife Smt. Janki Laximan Bolnekar and by Sale Deed dated 11/6/1984, he had purchased 1/12th share in the entire properties from Smt. Laximi Vishnu Naik Gaunkar alias Putem and her husband Shri Vishnu Mukund Naik Gaunkar. He, therefore, prayed that 1/4th part of the entire compensation be paid to him.