SHAIKH ABDUL RAZAK Vs. SHAIKH KASSAM

JUDGEMENT

(1.) THE above Second Appeal No. 2/1998 arises out of judgment and Decree dated 6/10/1997 passed by the learned Additional District Judge, Mapusa (first Appellate Court, for short) in Regular Civil Appeal No. 40 of 1993, which was filed by defendants Nos. 1, 2 and 3 of Regular Civil Suit No. 65 of 1990 against the judgment and decree dated 31/3/1993 passed by the learned Civil Judge, Junior Division, Sattari at Valpoi (trial Court, for short), in the said suit.

(2.) THE above First Appeal No, 11/2003 has been filed against the judgment and Award dated 17/9/2002 passed by the learned Additional District Judge, Mapusa (reference Court, for short), in Land Acquisition Case No. 98 of 1989.

(3.) SHRI Shaikh Abdul Razak, the plaintiff in the said Regular Civil Suit No. 65 of 1990, who is respondent No. 2 in L.A.C. No. 98/ 89, had filed the said suit for following prayers namely: a) That, this Hon'ble Court be pleased to pass a Decree of Declaration to the effect that Gift Deed dated 20th May, 1968, executed by Shri Shaikh Azis Shaikh Hassan in favour of Shri Shaikh Azamatulla Shaikh Hassan, in absence of approval and signatures of other Co -Owners namely Shri. Shaikh Idruz Shaikh Issub or his legal heirs and of Shri. Shaikh Karim Shaikh Abdul or his legal heirs, is ab initio illegal and void and hence the same is not binding on the plaintiff and that the same is delivered as cancelled in the Official Records of Sub -Registrar of Bicholim ; b) That this Hon Tale Court be pleased to pass a decree of declaration to the effect that the sale -deed dated 22nd July, 1968, executed by the defendants Nos. 2, 3, 4 and 5, in favour of the defendant No. 1, in absence of approval and signatures of other Co -Owners namely Shri. Shaikh Idruz Shaikh Issub or his legal heirs and of Shri. Shaikh Azis Shaikh Hassan on the said sale -deed, is ab initio illegal and void and therefore the same is not binding on the plaintiff and therefore the sale -deed dated 22/7/1968 is delivered as cancelled in the Official Records of Sub -Registrar of Bicholim; c) That this Hon'ble Court be pleased to pass a Decree of Declaration to the effect that the Compromise Decree dated 22/12/1986 passed by the Civil Judge, Senior Division, Bicholim in Civil Suit No. 97/1980 is ab initio illegal and void and hence the same is quashed/set aside and the Civil Suit No. 97/ 1980 is dismissed being barred by Law of Limitation; d) That this Hon'ble Court be pleased to pass a Decree of Declaration to the effect that the plaintiff is lawful owner of portion of land admeasuring 10,000 square metres of Suit Property known as "Moxichem Mol" situated at Nanus, Valpoi, Sattari and surveyed under No. 24 /1 of Nanus Village and which is described in the sale -deed dated 22nd July, 1968;