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2010 Supreme(Bom) 350

NARESH H.PATIL, N.A.BRITTO
Mario Cotta Pereira – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Mr. S.D. Lotlikar Sr. Adv. With Mr. R. Menezes, Advocate for the Appellant.
Mr. M. Salkar Addl. Government Advocate for Respondents No.1 to 3.
Mr. G. Teles, Advocate for Respondents No.4,9,10,17 to 22,27,30,34,37 & 41

Judgment

N.A. BRITTO, J.:- This appeal is directed against order dated 12/04/1999 of the learned Civil Judge, Senior Dicision at Margao in Special Civil Suit No.199/1993, by which preliminary issues of limitation and jurisdiction have been decided against the plaintiff and consequently, the suit filed by the plaintiff has been dismissed.

2. The parties hereto shall be referred to in the names as they appear in the cause title of the said Special Civil Suit.

3. The plaintiff filed the aforesaid suit for the recovery of possession of the suit property and in the alternative for recovery of compensation at the rate of Rs.300/- per square meter with interest at the rate of 15% per annum. The suit was filed on or about 9/07/ 1993. There is no dispute that the suit property known as "MANIQUEM GRANDE" and "MANIQUEM PEQUENO" having land registration no. 30 of old series and presently surveyed under survey nos.44/1 to 8, 45/1 to 7,46/1 to 7, 48, 49/1 to 12 and 50/1 to 4 came to be requisitioned by the then Administrator of the Union Territory of Goa, Daman and Diu under Section 29 of the Defence of India Act, 1962, by order no.ES/1/64 dated 14/01/1964 for rehabilitation of displaced persons du













































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