INACINHO CELESTINO DO PINTO E SA @ IGNATIUS DE SA Vs. IDALINA PRECIOSA DSOUZA, ALIAS IDA DSOUZA
HIGH COURT OF BOMBAY
Inacinho Celestino Do Pinto E Sa @ Ignatius De Sa
Idalina Preciosa Dsouza, Alias Ida Dsouza
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Prithviraj K. Chavan, J. -
(1.) These three appeals can be disposed of by a common judgment and order since the parties and subject matters involve in all three suits are intrinsically interconnected. The appellants in Appeal Nos.61/2016 and 13/2017 are the husband and wife. Respondent Idalina has filed three different suits against the appellants for declaration, possession, recovery of money, permanent injunction and other consequential reliefs based on registered last Will dated 22.7.2010 of her aunt deceased Ana Ditosa Eufemia De Souza alias Ditosa De Souza (for short "Ana") who admittedly died on 16.4.2011.
(2.) The parties shall be referred to as "plaintiff" and "defendants" as per their original status in the trial Court for the sake of convenience.
(3.) The facts in brief are as follows:-
The plaintiff's case in Appeal No.61/2016 is that deceased Idalina was the sole and exclusive owner of a house property known as "Casa Ditosa" of plot bearing Chalta No.68 of P.T.Sheet No.119 of City Survey Panaji. Defendant no.1, who is admittedly not related with deceased Ana, got the suit property transferred in his name by executing Sale Deed for a very meager price wherein, as a matter of fact, the said suit property actually worth crores of rupees. According to the plaintiff, defendant no.1 took disadvantage of the plaintiff's absence from Goa as well as the ill-health and old-age of deceased Ana and thereby got the suit property transferred in his name which, in fact, has been bequeathed by deceased Ana in favour of the plaintiff Idalina by virtue of Will dated 22.7.2010. By the said registered Sale Deed, defendant no.1 had purchased the first floor of the suit property. The plaintiff apprehends that defendant no.1 might create third party interest in the suit property to which he is not legally entitled to and the plaintiff being the legatee of deceased Ana is, in fact, the owner of the first floor premises of the suit property along with undivided proportionate right, title and interest therein. The alleged registered Sale Deed between the deceased Ana and the defendant no.1 is dated 27.6.2008.;
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