Sarkaria, J. - (1.) This appeal by special leave is directed against a judgment dated January 20, 1968, of the Additional Judicial Commissioner, Goa, Daman and Diu.
(2.) The defendants, Jose Da Costa and his wife, Isabela Braganca, are the appellants, and the plaintiffs, Bascora Sadasiva Sinai Narcornim and is situated in the town of Sanguem, District Goa.
(3.) The plaintiffs instituted a suit on February 27, 1961 in the Court of Judge of Quepem Comarca in accordance with the Portuguese Law then in force in these territories for ejectment of the defendants from the suit property. It was alleged that on the death of Sadasiva, father of the plaintiff Bascora, in partition proceedings with minors (inventario), this plot was assigned to Bascora's mother Sitabai towards her moiety in the estate. On Sitabai's death, the property devolved on the plaintiffs-Bascora and his six sisters. Before the partition, of the property among the legal heirs of Sitabai, Bascora acquired the rights from some of his sisters and became the owner of the suit property with other heirs. Bascora's parents had inherited this property from their ancestors. The father of Bascora had permitted the ancestors of the defendants to build a house for their residence on a part of the property subject to the condition that they shall have to vacate the plot when called upon to do so. In the latter event, they shall be entitled to remove the super-structures of the building raised by them.;