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1991 Supreme(Bom) 200

E.S.DA SILVA
Narayan Hari Naik – Appellant
Versus
Inacio Martins, son of Sebastiao Martins, since deceased,through his legal representatives and others – Respondent


Judgment

Dr. E.S. DA SILVA, J.:---These two appeals directed against the same judgement and decree of the first Appellate Court of the District and Sessions Judge, Panaji, can be conveniently disposed of by a common judgment since both involve fundamentally similar substantial questions of law.

2. The respondent No. 1 in both the Appeals, the late Inacio Martins (hereinafter called the late plaintiff), had instituted a Special Civil Suit No. 114/74/A in the Court of the Civil Judge, Senior Division, Panaji, against the two appellants, namely, one Narayan Hari Naik, the appellant in Second Civil Appeal No. 27 of 1988 (hereinafter called the defendant No. 1) and one Nayantara Agrawal, the appellant in Second Civil Appeal No. 31 of 1988 (hereinafter called the defendant No. 2), seeking for eviction of the defendant No. 1 from the suit property known as "Palmar Oiteiral do Predio Aivao" situated at Caranzalem, belonging to the defendant No. 2 as well as for restoration of its possession to him.

3. The relevant facts of the case are that this property which is a coconut grove was consisting of 7 lotes. In October, 1968, the late plaintiff filed a suit against the two defendants, being Su











































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