The appeal is filed against the Judgment and decree of Special Civil Suit No.167/00/I which was pending in the Court of Civil Judge, Senior Division, Margao. The suit was filed for making correction in the Revenue record of some suit lands and for compensation in respect of damage caused to those lands. The suit is dismissed in respect of these lands by the trial court and that part of the decision is challenged in the appeal.

2. In the appeal learned counsel for the appellant and respondent Telephone department is heard. The other respondents did not turn up.

3. In short, the facts leading to the institution of the appeal, can be stated as under:

It is the case of the appellants/plaintiffs that they and defendant no.9 are the owners of land bearing survey nos. 149/13, 154/1, 154/2, 155/2, and 156/1, 156/2, 156/3, 156/4, 156/5, situated at village Guirdolim Salcete. It is the case of the plaintiffs that all the survey numbers are together known as “Molla”. The boundaries of the property described as Molla are given by the plaintiffs in the plaint.

4. It is the case of the plaintiffs that defendant no.2, Telephone department did the digging in the suit lands in January 2000 for laying telephone cable and caused damage to their property. It is the case of the plaintiffs that defendants no.3 and 5, PWD and State Government also caused damage to the suit properties by digging it and the digging was done to lay water pipeline. The water pipeline is laid parallel to the telephone cable and they are laid underground.

5. It is the case of the plaintiffs that they appointed a Civil Engineer as private surveyor to make assessment of damage caused to the lands. According to the plaintiffs, the survey report shows that the damage was caused to the property admeasuring 919.50 sq.metres and the loss to the extent of 3,21,825 is caused to the plaintiffs.

6. It is the case of the plaintiffs that after the aforesaid incident, they gave notices and made correspondence with the Village Panchayat and aforesaid departments. It is contended that they came to know that property bearing survey no.154/1 admeasuring (700 sq.metres) and survey no.156/1 admeasuring (725 sq.metres) are wrongly shown to be owned by Communidade of Girdolim in the revenue record. It is contended that parts of property bearing survey no.155/2 (675 sq.metres and survey no.156/4 (550 sq.metres) are also wrongly shown to be owned by the Village Panchayat of Girdolim in the revenue record. It is contended that the plaintiffs got cause of action for the suit on 28/3/2000, when they learnt about entries made in favour of these defendants and in the revenue record.

7. The plaintiffs had prayed for relief of recovery of compensation of Rs.4,23,000/- from Telephone department, PWD and the State of Goa. They had prayed for correction of revenue record in respect of aforesaid four survey numbers and they had prayed for order of making entry of the name of the plaintiffs and defendant no.9 in the revenue record of these lands as the owners.

8. Defendants no.3 and 5 PWD and Goa Government filed written statement and denied the case of the plaintiffs. It is the case of the defendants that the pipe line is laid along the side of existing road which is being used by the villagers and no damage was caused to the property of anybody including the plaintiffs. It is the case of the defendants no 3 and 5 that the aforesaid road lies in land survey no.154/1 and this land belongs to Communidade, defendant no.7. The defendants have disputed the assessment of damage and the loss caused.

9. It is contended by defendants no.3 and 5 that the contention of the plaintiffs that they learnt about the entries made in the revenue record on 28/3/2000 is false. It is the case of these defendants that in the sale deed executed by the plaintiffs in respect of portion of survey no.154/2 on 11/11/1988 and the sale deed executed by defendant no.9 in respect of the part of the same land on 13/12/1976, they ha