JUDGMENT

R. Subhash Reddy, J.

Civil Appeal Nos.8802-8803 of 2013

1. These civil appeals are filed, aggrieved by the judgment and order dated 08.05.2009 passed in W.P. No.142 of 2009 and the judgment and order dated 09.09.2009 passed in L.P.A. No.14 of 2009 by the High Court of Bombay at Goa.

2. The subject matter of dispute relates to property known as ‘Conde-Mayem’. The said property, covered by Survey Nos.113, 116, 114 and 115/1, 2 and 3, is situated at Mayem, Bicholim in the State of Goa. The said property originally belonged to one Eurico de Soza Joquem Noroana. After the liberation of Goa the said property was declared as evacuee property and same was under the supervision of the Custodian of Evacuee Property, under provisions of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964 (for short, ‘Evacuee Property Act’). The appellants claim to be in possession of the aforesaid properties as tenants of the Custodian. When there was a dispute between the predecessors of the appellants and the 2nd respondent (now represented by his legal heirs), the predecessors of the appellants filed Civil Suit No.126 of 1984 on the file of Civil Judge, Senior Division, Bicholim prayin