The Second Appeal challenges the judgment and order dated 19th January, 2004 passed by the learned Additional District Judge, Fast Track Court (I), South Goa, Margao in Regular Civil Appeal No.83/2002 thereby setting aside the judgment and decree passed by the learned Civil Judge, Junior Division, Margao in Regular Civil Suit No.196/90/D dated 19th March, 2002.

2. The facts in brief giving rise to the present appeal are as under:

The suit came to be filed by the present appellant contending therein that they are the owners in possession of property known as 'Predio Mixto' or 'Mandopa' situated at Mandopa of Nevelim village, Salcete-Goa bearing Land Registration No.44875 of Book B New and enrolled under Land Revenue No.915 (hereinafter referred to as 'the suit property'). It is the case of the plaintiff that the suit property is bounded on South by the property of the defendants. The property of the defendants is known as 'Mandopa' and bears Land Registration No.35290 of Book B-91 New and is bounded on the East by the property of Maria Augusta Diniz and Eduarte Carneiro, on the West by the property of Caetano Gomes and on the South by the property of Duarte Carneiro, Bern