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2012 Supreme(Bom) 791
In the High Court of Bombay at Goa
U.V. BAKRE
Shri Gajanan Sazro Gaudo & Others
Versus
The Government Of Goa & Another
FIRST APPEAL NO. 301 OF 2003
Decided on: 13-04-2012
For the Appellants:J. P. Mulgaonkar, Advocate.
For the Respondents:Vivek Rodrigues, Additional Government Advocate.
The judgment established the importance of complying with the conditions of a grant for acquiring ownership rights and clarified the jurisdictional limitations of the civil court in directing the correction of survey records.
Headnote:
ownership - Land Dispute - Decree no. 3602, Article 140, Article 141, Article 144, Article 72(3), Article 305 - The court discussed the provisions of Decree no. 3602 and its impact on the ownership of the granted lands. It highlighted the restrictions placed on the grantee and the conditions for acquiring ownership. The court also emphasized the importance of complying with the conditions of the grant and the implications of non-compliance on the ownership rights. The judgment underscored the significance of paying annual ground rent and the procedure for acquiring dominio directo. It also addressed the issue of non-joinder of necessary parties and the jurisdiction of the civil court in directing the correction of survey records.
Fact of the Case:
The plaintiffs filed a suit for a declaration of ownership of a property and for correction of survey records. The defendants denied the ownership claim and argued that the suit was barred by the law of limitation.
Finding of the Court:
The court found that the plaintiffs failed to establish their ownership of the property and that the suit was barred by the law of limitation. It also held that the civil court did not have jurisdiction to direct the correction of survey records.
Issues: The issues included the ownership of the property, the applicability of the law of limitation, and the jurisdiction of the civil court in directing the correction of survey records.
Ratio Decidendi: The court's decision was based on the failure of the plaintiffs to prove ownership, the application of the law of limitation, and the jurisdictional limitations of the civil court in directing the correction of survey records.
Final Decision: The appeal was dismissed, and the plaintiffs were not entitled to the reliefs claimed in the suit.
This is plaintiffs' appeal from Judgment and Decree dated 13th August, 2003 passed by the learned Civil Judge, Senior Division, Bicholim, Goa (Trial Judge, for short) in Special Civil Suit No. 16/2002/A. The respondents were the defendants in the said suit.
2. The plaintiffs had filed the said suit for a declaration that they are the owners of the suit property and for direction that the name of Government of Goa, Daman and Diu be deleted from occupant's column and name of the plaintiffs be recorded in the said column of survey record.
3. The case of the plaintiffs, in short, is as follows :
The suit property known as “Ambia Mol” situated in village Sonus-Vonvoliem of Sattari Taluka bearing survey nos. 1/2, 2/1, and 3/1 of the said village is a permanent aforamento granted to the father of the plaintiff no.1, plaintiff no. 3 and late Shri Ramnath in the year 1941 by Order dated 22nd October, 1941 by the then Governor General of Goa, Daman and Diu (Portuguese Regime) which was as per Decree no. 3602 dated 24th November, 1917. The suit property as 3 aforamentohas been registered in the name of said Late Sazro Radiyo Gaudo. An Alvara bearing no. 15 and 16 dated 22/06/1943, bearing no. 4462 of Village Sattari, Goa, has the plan attached bearing no. 13571 which was drawn in 1941 by the Survey Department showing the suit property having an area of 9 hectares, 3,650 square meters and 72 decimeters mentioned in the said plan for annual ground rent of Rs. 3/-, Annas 1 and paise 1 (3:1:1). A part of the suit property has been gifted to plaintiffs no. 1, 3 and 5 by Smt. Sundarem Sazro Gaudo by Deed of Gift dated 01/09/1989. The suit property is in occupation of plaintiffs as owners and they have their plantation and cultivation through out the said land. By inadvertent mistake/error, name of the Government of Goa, Daman and Diu appears in the occupant's column of the survey records of the suit property. This being a wrong entry, the plaintiffs filed a case before the Deputy Collector and S.D.O. for correction of the said entry in the Survey record. However, the Deputy Collector expressed his inability to effect a change on the ground that the entries are promulgated and Revenue Court has no jurisdiction to entertain the said case for correction of survey records. Therefore, the plaintiffs had to withdraw the proceedings before the Deputy Collector and had to file the present suit. On account of the wrong entry in the survey records there is a cloud or mist on the title of the suit property in relation to the plaintiffs who are owners in possession of the same and there are difficulties in projecting the ownership and possessory rights. The plaintiffs therefore served the 4 legal notice dated 20/08/2001 on the defendants calling upon them to give “No Objection” for correction of survey records, but the Government did not respond. The cause of action arose to the plaintiffs in the month of July, 2001, when the Deputy Collector had told the plaintiffs that he has no jurisdiction to entertain the application for correction of survey records and again after two months from the date of the notice dated 20/08/2001.
4. The defendants, in their written statement, have denied that the property “Ambia Mol” bears survey nos. 1/2, 2/1, and 3/1 of village Vonvoliem. They state that the suit property along with other property belongs to the Government of Goa and the Plaintiffs are entitled only to enjoy the yield of fruit bearing trees existing in the suit property and to carry out cultivation therein for which the plaintiffs have to observe all the conditions as laid down in the Alvara. It is false that the suit property has been given on the permanent lease and it is also false that any registration of the said Aforamento has been done in the name of late Sazro Radiyo Gaudo. The plan bearing no. 13571 is a cadastral survey plan. The said Sazro Radiyo audo was not regular in payment of stipulated foro due to which the aforamento has automatic
