AUDREY VIEGAS, DAUGHTER OF CARLOS GERMANO VIEGAS Vs. MAGNA TERESINHA MENINO JESUS PEREIRA, WIFE OF JOAT JOAO VIEGAS
LAWS(BOM)-2017-11-337
HIGH COURT OF BOMBAY
Decided on November 09,2017

Audrey Viegas, Daughter Of Carlos Germano Viegas Appellant
VERSUS
Magna Teresinha Menino Jesus Pereira, Wife Of Joat Joao Viegas Respondents

JUDGEMENT

N.M.JAMDAR,J. - (1.) This Appeal is fled by the original Defendants No.1 and 2, challenging the concurrent Judgments and Orders passed by the learned Civil Judge, Senior Division at Vasco-da-Gama, Goa and by the learned District Judge, South Goa, Margao. The learned Civil Judge had decreed the Suit holding that the Respondents Plaintiffs were owners of the suit property as specified and the Appellants were restrained from interfering with the possession of the Respondents Plaintiffs. A Counter-claim filed by the Appellants was dismissed. The learned District Judge dismissed the Appeal filed by the Appellants, confirming the Judgment and Decree of the learned Civil Judge.
(2.) The property in question is known as "Dactolem" admeasuring 9313 sq. metrs, situated at Mangor, Vasco-da-Goa, registered in the Land Registration Office of Salcete, Margao under No. 10471 on page 63 of Book B reverse no.29, new series and enrolled in the Taluka Revenue Office under matriz no.511, bounded on the east with sloppy waters (Aguas Vertentes), on the west by the lake (Alagoa) belonging to the Communidade of Mormugao, on the north by the property belonging to the defendants No.1 and 2 and on the south by the property of the heirs of Jose Sanches, and has been surveyed under Chalta No.85 of P.T. Sheet No.158 and Chalta No.12 of P.T. Sheet No.159 in the City Survey.
(3.) The Respondents-Plaintiffs filed Regular Civil Suit No.143/2000, contending that the property was initially belonging to one Maria Natividade Rodrigues, which was subsequently inherited by Carlos Germano Viegas and Lidia Palmira Augusta de Souza Viegas who were brother and sister. According to the Respondents, they had succeeded to the suit property through their parents and they were in peaceful and continuous possession since 1 July 1991. According to the Respondents, the property which was subject matter of the Inventory Proceedings, was resurveyed and the Survey Officer finalised the location of each parcel within the said larger piece of land and since the Defendants Appellants started disputing the title of the Respondents and causing obstructions, the suit had to be filed.;


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