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2010 Supreme(Bom) 1531

N.A.BRITTO
Maria Julieta D'Souza – Appellant
Versus
Government of Goa – Respondent


Advocates Appeared:
Shri. V.B. NADKARNI, Sr. Adv. with Shri. Y.V. NADKARNI, Advocate for the Appellants.
Shri. G. SHIRODKAR, Government Advocate for the Respondent.

JUDGMENT

1. Heard Shri. V. B. Nadkarni, learned Senior Counsel on behalf of the Appellants and Shri. G. Shirodkar, learned Government Advocate on behalf of the Respondent.

2. This appeal is directed against Judgment dated 25-7-2007 of the learned District Judge, Panaji, by which the suit filed by the Appellants for declaration and a consequential relief has been dismissed.

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

4. The case of the plaintiffs, in brief, was that there was a large property known as "VITES" having land registration No.5386 and cadastral survey No.1046 prepared by the Government in the year 1904 to 1905 which was bounded on the north by the property of the Government, and which originally belonged to Joaquim Thomas Xavier de Rego and others, and was hilly land. According to the plaintiffs, Domingos Caetano de Souza, father of plaintiff No.1 had purchased the said entire property from the Rego family more than 70 years back and had paid the entire price due to them but the sale deed remained without being executed but the said Domingos Caetano de Souza had taken exclusive possession of th

























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