Heard Shri Valmiki Menezes, learned Counsel appearing for the Appellant and Shri M. Salkar, learned Government Advocate appearing for the Respondents.

2. The above Appeal challenges the Judgment and Decree dated 13.02.2007, passed by the learned District Judge, South Goa, Margao, in Civil Suit No. 278/2004. The Appellant filed the suit on the basis that he is the owner in possession of two properties situated at Village Velim, being 1/48th share of the landed property “Valado de Bapsoro” or “Valado Babsorecho Band” bearing survey no. 341/10 admeasuring 150 square metres with an area of 248 square metres being depicted as water and another portion of the same property bearing Land Registration No. 4364 surveyed under no. 341/11 which have been referred to as suit properties. It is further the case of the Appellant that an area of 113.85 square metres is depicted as water along its western boundary in the plan prepared by the Survey Department and further an area of 248 square metres as in like manner being shown in the water which otherwise form part of the property surveyed under no. 341/10. It is further the case of the Appellant that the said portions have been wrongly