1. Heard Mr. Diniz, learned Counsel appearing on behalf of the appellant and Mr. Coutinho, learned Counsel appearing on behalf of the respondents.

2. This Second Appeal is directed against the judgment, order and decree dated 07/08/2004, passed by the learned Additional District Judge, Margao (First Appellate Court) in Regular Civil Appeal No. 84 of 2002.

3. By the impugned judgment, the judgment, order and decree dated 26/03/2002 passed by the learned Civil Judge, Junior Division, Canacona (Trial Court) in Regular Civil Suit No. 106/1988 (Old Regular Civil Suit No. 142/1986) has been confirmed.

4. The appellant was the defendant and the respondent no. 1 was the plaintiff in the said civil suit. The plaintiff, who claimed to be an unincorporated and unregistered Association, had filed the said suit in representative capacity against the defendant for permanent injunction to restrain the defendant from interfering with or constructing any structure in the suit property situated at Mastimola, Canacona, Goa bearing Survey No. 248/37 and also to issue orders to Survey Authorities to delete the name of the defendant from the Survey Records.

5. Case of the plaintiff, in short,