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1994 Supreme(Bom) 295

E.S.DA SILVA
Fabrica da Igreja de N. S. de Milagres – Appellant
Versus
Union of India and others – Respondent


JUDGMENT - Dr. E.S. DA SILVA, J.:—This appeal is directed against the judgment of the learned District Judge, South Goa, Margao, dated 13th January, 1989 in Civil Suit No. 122 of 1981, whereby the learned Judge has dismissed the suit filed by the appellant.

2. The case of the plaintiff/appellant (hereinafter called the appellant) is that they are the owners in possession of a plot of land, situated at Cortali of Sanguem Taluka, described in the Land Registration Office under No. 26737, in the Revenue Office under No. 542 and in the Old Cadastral Survey under No. 209. The said property is surrounded on all four sides by property Patem belonging to the Sanguem Municipality. The appellant claims that the property is in their open, peaceful and public possession and enjoyment for the last more than 50 years. There was a cemetry located in the property which was demolished 50 years ago and the new cemetry was built at some other place. Presently the land is barren. In the new survey the suit plot was included in Survey No. 121/0 which was shown in the occupation of the Government. When the appellant learnt about the inclusion, a representation was made on 15-9-1976 to the survey authorit




















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