SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1986 Supreme(Bom) 232

G.F.COUTO
Joaquim Mascarenhas Fiuza – Appellant
Versus
Jaime Rebello (Smt. ) & another – Respondent


JUDGMENT - G.F. COUTO, J.:---The petitioner is a foreign national and not a citizen of India. He challenges the judgement dated 28th January, 1986, passed by the learned District Judge, South Goa, confirming the order dated 21st December, 1984, made by the Civil Judge, (Junior Division), Margao, dismissing the application for injunction filed by him.

2. The petitioner filed a suit seeking mandatory and perpetual injunctions against the respondents herein on the grounds that he is the co-owner in possession of the property known as "Govuncatem" and that the first respondent started laying foundation for a construction in the said property without any right therefore. The suit so filed was resisted by the respondents on several grounds, namely, on the ground that the plaintiff is not a citizen of India and as such, he cannot hold or acquire any immovable property in India unless he had obtained or is deemed to have obtained permission from the Reserve Bank of India to hold or acquire such property. Therefore, according to the respondents, the plaintiff / petitioner could not legally hold any property in India unless he had been permitted by the Reserve Bank under the provisions of s












Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top