- (1.)This appeal has been preferred against the judgment and decree dated 9.2.2004 passed by 3rd Additional District Judge, North Goa, Panaji, in Regular Civil Appeal No. 219/2003 thereby dismissing the appeal preferred against the judgment and decree dated 17.11.2003 passed in Regular Civil Suit No. 48/2003 by the Civil Judge, Junior Division, Ponda, dismissing the suit of the appellant.
(2.)The appellant had filed a suit against the respondents claiming reliefs that the appellant be declared as owner in possession of the suit property and that Mamlatdar or appropriate authority be directed to correct the survey records by deleting the entry entered into the tenant's column showing husband of respondent no.1 to be the tenant of only paddy field forming part of the suit property bearing survey no. 24/3 of village Priol of Ponda Taluka.
(3.)It was the contention of the appellant that appellant was the owner in possession of the suit property since more than 100 years and when the appellant obtained survey records of the property bearing survey no. 23/3 for the purpose of development of Math premises it was discovered by it that the name of husband of respondent no.1 had been wrongly recorded in the tenant's column as tenant of the paddy field, which is part of survey no. 24/3. The appellant contended that respondent no.1 was never in possession of the said paddy field as tenant or otherwise and therefore, his name was required to be deleted from the tenant's column in the survey record.