( 1 ) THIS appeal arises from the Judgment and Order dated 4-9-1999 passed by the learned Civil Judge, Sr. Division, at Panaji in special Civil Suit No. 91/81 which was filed for declaration and mandatory injunction, as well as mesne profits in respect of the property situated at morombi O Grande. The suit was instituted by the appellant-Communidade of morombi O Grande. Defendant No. 1 is the father of defendant No. 3 Angelica and defendant No. 4 Egidio. Defendant No. 2 is the second wife of defendant no. 1 and stepmother of defendants No. 3 and 4. The first wife of defendant no. 1 and the mother of defendants No. 3 and 4 died on 22-5-1963.

( 2 ) THE suit property which was alleged to have been encroached upon by the father of defendant No. 1 sometime in 1946 or thereafter was shown as bounded by letters L, M, N, O, P, Q, B, A, H, G, I, J, K and L and it admeasured 1,44,340 sq. metres. The plaintiff Communidade who was otherwise holding agricultural land in Survey No. 218/1 admeasured 7 hectares 9 ares and 87 sq. metres, as well as Survey No. 219/1 admeasured 12 hectares, 44 ares and 75 sq. metres. It appears that sometime in 1972, the State Government acquired land admeasu