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2014 Supreme(Bom) 227

R.S.DALVI
Vaman Govind Raut – Appellant
Versus
Sitaram Narayan Raut – Respondent


Advocates Appeared:
For the Appellants:Parag Rao, V.A. Rao, Advocates.
For the Respondents:Prasheen Lotlikar, C. Padgaonkar, Advocates.

JUDGMENT

The predecessor-in-title of the respondents herein (the original plaintiff) sued the appellants herein (defendants) for injunction against interference of their possession in the suit plots of land, stated to be bearing Survey Nos. 181/2 and 182/0 of Village Sal, Taluka Bicholim, Goa. The respondents herein (the plaintiffs) have continued the lis. The defendants counter claimed, claiming ownership and prayed for deletion of the plaintiffs' name in the survey records. The plaintiff’s suit came to be decreed by the Civil Judge, Jr. Division, Bicholim on 9th August, 2000. The defendants' counter-claim was dismissed.

2. The defendants appealed. The appeal has been dismissed on 27th March, 2003. The defendants have filed this second appeal against the concurrent findings of fact of the plaintiffs' title in the suit property.

3. The plaintiffs' title must be first shown. If the plaintiffs do not show title, they would not be entitled to injunction claimed against interference to their possession. The defendants may not show their title in the suit. However, in the counter-claim, the defendants claim title and hence, must prove their title by documentary evidence.

4. The title of









































































































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