Judgment

Bhan, J.—These appeals by grant of leave are directed against the common judgment and order of affirmation passed by the High Court of Bombay at Goa in First Appeal No. 27 of 1992 and appeal from order No. 69 of 1991. The suit filed by the plaintiff-appellant (hereinafter referred to as ‘the appellant’) was dismissed by the District Judge, South Goa, Mormugao by judgment dated 30th December, 1991 on the ground that the same was not maintainable for want of notice under Section 120 of the Major Port Trust Act, 1963 (hereinafter referred to as ‘the Act’) and that the suit was barred by limitation. This judgment was challenged in First Appeal No. 27 of 1992. Prior to that District Judge vide order dated 30th April, 1991, had come to the conclusion that Section 120 of the Act was applicable to the present case. Against this order the appellant had filed an appeal from order 69 of 1991. The two appeals having arisen from the same suit were heard together and disposed of by the High Court by a common judgment. We propose to do the same.

2. We would referring to the facts necessary to dispose of the appeals as found by the High Court on which there is no dispute between the counsel