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2014 Supreme(Bom) 2383

U.V.BAKRE
Conservator of Forest – Appellant
Versus
Vinayak M. Fotto – Respondent


Advocate Appeared:
For Appellant :D. Lawande, Government Advocate.
For Respondents:Valmiki Menezes and V. Shetye, Advocates.

JUDGMENT :

U.V. Bakre, J.

1. Heard learned Counsel for the respective parties.

2. This Second Appeal is directed against the judgment and decree dated 26/06/2003 passed by the learned Additional District Judge, Mapusa ("First Appellate Court", for short) in Regular Civil Appeal No. 40/2001. The said appeal was filed against the Judgment and decree dated 16/02/2001 passed by the learned Civil Judge Senior Division, Bicholim ("trial Court", for short) in Regular Civil Suit No. 9/1989.

3. The appellants and respondent no.7 were the defendants in the said suit whereas respondents no. 1 to 6 were the plaintiffs. The parties shall hereinafter be referred to as per their status in the said suit.

4. The original plaintiff had filed the said suit for recovery of possession and permanent injunction. The case of the plaintiffs, in short, was as follows:

The original plaintiff was in possession of the suit property known as "Dongrat" or "Khairat" situated at Revora, Bardez, Goa and bearing survey no.176/0, as tenant/deemed purchaser. The said property was belonging to defendant no. 3 and leased to him prior to independence and he was regularly paying rent to the defendant no. 3 and extracting cashew





















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