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2014 Supreme(Bom) 91

F.M.REIS
Pedro do Rosario Fernandes alias Pedro Antonio Miguel Fernandes – Appellant
Versus
Wilfredo Xavier Jose Monteiro – Respondent


Advocate Appeared:
For the Appellant:J.E. Coelho Pereira, Senior Advocate with V. Korgaonkar, Advocate.
For the Respondents:R1, C.A. Coutinho, Shailesh Redkar, Advocates.

Judgment :

1. Heard Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the Appellant and Shri Coutinho, learned Counsel appearing for the Respondent no. 1.

2. The above Appeal came to be admitted by an Order dated 16.07.2010 on the following substantial questions of law :

1. Whether the Lower Appellate Court has misconstrued the provisions of the Limitation Act of Article 58 to the effect that the suit for declaration of title is barred by the law of limitation when there was no claim of adverse possession raised by the Respondents herein?

2. Whether the findings of the Lower Appellate Court to the effect that the Appellants have failed to identify the suit property are perverse in view of the fact that the contents of Para 1 and 2 of the plaint have not been denied by the Respondents in their written statement?

3. Whilst dealing with the first substantial question of law, Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the Appellant, has taken me through the plaint filed by the Appellant wherein it has been clearly stated that the Appellant obtained a certified copy of the survey records in August, 1996 and had filed the suit in May, 1999. Learned Seni


















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