F.M. Reis, J.–The present Second Appeal challenges the Judgment and Decree dated 10th December. 2004, passed in Regular Civil Appeal No. 14 of 2001 by the learned Addl. District Judge–3. South Goa, at Margao.

2. The Appeal has been admitted on the following substantial question of law :

1. Whether there is misconstruction of Will dated 26.05.1926, made by the testatrix Maria Josefa Pereira in favour of the legatees Maria Jovito Pereira, Appellant's mother and Maria Amalia Pereira, predecessor in title of the respondents?

2. Whether there is misconstruction of the Will dated 26.05.1926 made by the Testatrix Maria Jovita Ana Maria Cecilia Pereira in favour of the legatees Maria Jovita Pereira, Appellant’s mother and Maria Amalia Pereira, predecessor in title of respondents?

3. The respondents filed the suit praying inter alia for declaration that they are the owners in possession and enjoyment of the suit property surveyed under survey No. 15/1 of Village Issorsim Taluka, Mormugao, and that the Appellant has no right, title or interest of whatsoever nature in the suit property. By Judgment and Decree dated 8th January, 2001, the learned Civil Judge, Junior Division, at Vasco