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2004 Supreme(Bom) 1444

N.A.BRITTO
John Claro Fernandes – Appellant
Versus
Luizinha Azavedo – Respondent


Advocates Appeared:
Mr. M.S. Sanak and Mr. P.S. Rao. Advocates for the appellants;
Mr. V.P. Thali and Ms. Gandhali Pedenekar, Advocates for the respondents.

JUDGMENT

N.A. Britto, J.

This is Defendants second appeal arising from R.C.S. No. 46/1988/B.

2. Some facts are required to be stated to dispose of this second appeal and for this purpose the parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

3. There is no dispute that the parents of the Defendants sold to the Plaintiffs the eastern part of their property known as "Mordi" or "Collem Mordi" by deed dated 18.3.1947. The said Deed. Interalia stipulated as follows:

"Que os vendedores comprometem nao impedir a passagem pelo seu predio aos compradores e aos seus descendentes." When translated it reads as follows :

"That the vendors promise not to obstruct the passage through their property to the purchasers and their descendants."

4. After the purchase, the Plaintiff No. 1 constructed a house on the southern portion and Plaintiff No. 2 constructed a house on the northern portion. In due course of time, the plaintiff No. 1 and Plaintiff No. 2 also constructed a wall separating their respective portions in accordance with the said Deed of Sale and again in due course of time the portion in occupation of Plaintiff No. 1 came to be surveyed un


































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