- (1.)This Second Appeal was filed by the original defendant nos. 1 to 4/appellants herein challenging judgment and decree dated 10th June, 2002 passed by the Lower Appellate Court. Respondent no.1 herein who is the plaintiff, filed a suit for declaration and permanent injunction. The appellants herein are relatives of the original plaintiff/respondent no.1 herein.
(2.)The plaintiff contended in the suit that in the village of Guirim, there exists a vast property known as "Collounch" alias "Vancio" belonging to one Pedro Incacio Gonsalves. One residential house, which is situated there was occupied by late Babuso R. Chodankar somewhere in the year 1954 which is surveyed under No. 54-9 and bearing house no. E-102 admeasuring 122 square metres. The said house is referred to as the "suit house." Besides this house, late Babuso Chodankar, the father of plaintiff possessed three paddy fields which were described as under:-
a) A paddy field known as Kudshet situated at Mapusa and admeasuring about 1809 sq. mts and surveyed under no. 3/1.

b) A paddy field known as Annagoli situated at Gurim and surveyed under no. 74/2 & 3 and 75/1 & 3 and admeasuring about 1800 sq. mts. c) A paddy field known as "Shelimchem Akhon' survey 48/29 and admeasuring about 11.75 H.A.(hereinafter all three fields are referred as suit fields.)

(3.)The plaintiff submitted that the original defendant no.1 widow of late Babuso Chodankar is the mother of the plaintiff and original defendant nos. 2 and 4 are the brothers of the plaintiff. Original defendant no. 5 is the widow of elder brother of the plaintiff. All the defendants, except defendant no. 5, were staying in the ancestral house occupied by late Babuso. The plaintiff contended that somewhere in the year 1978, Babuso Chodankar filed an application before Mamlatdar of Bardez for declaring him as mundkar of the suit house. During the pendency of the said application, Babuso expired. The said application was contested by original defendant no.1 with the assistance of defendant no. 2. Original plaintiff started living separately from rest of the defendants due to some trouble in the family. The plaintiff started residing in a small house bearing house no. 55-A adjacent to the main house. The application filed by defendant no.1 was allowed by the Mamlatdar and defendant no.1 was registered as a mundkar in respect of the suit house. The plaintiff also filed an application for declaring him as a mundkar in respect of the house bearing no. 55A which was dismissed by Mamlatdar. Appeal filed against the said order is still pending before Additional Collector, Panaji.