JUDGMENT - G.D. KAMAT, J.:---This Letters Patent Appeal is directed against the judgment and appellate decree dated 9th March, 1990, made in First Civil Appeal No.100/88, by a learned Single Judge of this Court. The First Civil Appeal No.100/88 had arisen out of a judgment and decree dated 4th August, 1988, made in Regular Civil Suit No.111/68-c by the Civil Court at Margao.

2. To appreciate the controversy between the parties and in the appeal reference is needed to the background of the litigation. Antonio Joaquim Mota was the owner of a property bearing matriz No.512 consisting of a house. Upon his death, inventory proceedings were launched and in the final order that emerged in those proceedings, his widow Ema Elvira Issura Rangel was allotted 5/8ths share and his sons Filomeno and Victor and daughter Maria Elsa do perpetuo Socorro Mota were allotted 1/8th share each. The third son Jose Mario Bailon Mota, for short `Jose Mari, was left out insofar as this house property is concerned. During her life-time, Ema Elvira Issura Rangel made a gift deed in favour of Jose Mario, gifting her disposable quota corresponding to 50% of her share. Upon the death of Ema in the year 1955, in th

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