SEBASTIAO LUIS FERNANDES (DEAD) Vs. K.V.P.SHASTRI (DEAD)

JUDGEMENT

(1.) This civil appeal is filed by the appellants as they are aggrieved by the judgment and decree of the High Court of Bombay at Goa passed on 14.9.1998 by the learned single Judge in Second Appeal No. 30 of 1986 raising various questions of law and grounds in support of the same. In this judgment for the sake of convenience the rank of the parties is described according to their position before the trial court. The appellants are the legal representatives of the plaintiff and the respondents are the legal representatives of the defendants. The suit was instituted by the original plaintiff in the Court of Civil Judge, Sr. Division at Quepem (hereinafter referred to as "the trial court") in Civil Suit No.14091 of 1948.

(2.) The relevant brief facts are stated for the purpose of appreciating the rival legal contentions with a view to examine and find out as to whether the impugned judgment of the High Court of Bombay warrants interference by this Court in this appeal in exercise of its jurisdiction under Article 136 of the Constitution of India.

(3.) The case of the plaintiff was sought to be contested by the defendant No.1 inter alia contending that the claim of the plaintiff is false and ownership and possession of the suit schedule property stands transferred in favour of the defendant No.1 with effect from 26.4.1935 and he had acquired right by way of prescription as it has been enjoyed for 10 years, pursuant to the registration of the suit schedule property in his name. The defendant No.2 also denied the case of the plaintiff and claimed to be in possession pursuant to conveyance thereof by the defendant No.1.