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2003 Supreme(Bom) 51

D.G.DESHPANDE
State of Goa & others – Appellant
Versus
Gurudas Timblo & others – Respondent


JUDGMENT -DESHPANDE D.G., J.:---This first appeal is directed against the judgment and decree in Civil Suit No. 125/81 passed by the learned District Judge, South Goa, Margao, vide judgment dated 30th April, 1994.

2.The plaintiffs/respondents herein filed a suit for declaration that the plaintiffs are exclusive owners in possession of the immovable property known as 'ORNACODIL NOCODBAB' or 'ORNICODIL NOCODBAB TICAN', situated at Netorlim of Sanguem Taluka. The plaintiffs claimed ownership on the basis of two sale deed dated 11th May, 1970 and 11th July, 1970 and a deed of ratification dated 18th July, 1974, all of which were duly registered in the office of the Sub-Registrar, quepem. They also relied upon the description of the property given in the said deeds. According to them, the property consisted of forest produce, including coconut groves, cashew groves, jackfruit and other fruit-bearing trees. Further, according to the plaintiffs, the property was surveyed by the Government in 1971, but two years before the filing of the suit the Government Forest Department felled and removed all the forest produce existing on their land known as 'MATTONIDONGOR', which is adjacent to the pl



















































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