- (1.) THIS is plaintiff's second appeal arising from R.C.S. No.120/81.
(2.) THE dispute between both the parties is regarding the property admeasuring about 6225 sq. metres and surveyed under No.85/1 as � Shristhal of Poinguinim village in Canacona Taluka, lying between two roads connecting Margao Karwar road (National Highway). The case of the plaintiff is that the said property is named Aloyacodial Ticanaor Aloiacodial or Devalayacodial and the same is situated at Velvado of Poinguinim and is enrolled under Matriz No.242 and bounded on the east by water drain, on the west by Vergal of Vishwanath Ganaxama Boto and a public street which separates Telamola of Comunidade of Poinguinim and on the south by Tollem of Anta Pandurang Boto and others and the same is also enrolled in the Inventory of the plaintiff completed in or about 1930 under Nos.21, 22 and 24. The case of the plaintiff was that the land was lying in continuous and peaceful possession of the plaintiff and therefore the plaintiff is entitled to claim prescriptive title to the same.
(3.) ON the other hand, it was the case of the defendants, that they are the owners of the property known as � Ramfolalem or � Vencotexa Naraina Folagoracodil which was purchased by the mother of the defendant No.1 in the year 1930 by sale deed dated 2.8.1930, having Land Registration Nos.3018 and 3019 and Matriz Nos. 385 and 388 and surveyed under Nos. 92/1, 92/2, 92/4, 92/7 and 85/1. The defendants stated that survey No.85/1 which is a part of the defendants' property was wrongly surveyed in the name of the plaintiff and appropriate proceedings to correct the Index of Land was filed before the Deputy Collector and that the said survey No.85/1 was not promulgated.;