JUDGMENT :

1. Heard Mr. V.A. Lawande for the Appellants and Mr. Walikar for Respondent No.2-contesting Respondent.

2. This Second Appeal was admitted on 13th July 2012, on the following substantial question of law: Whether the conclusion of the First Appellate Court that the property belonging to the Appellants does not go to the top of hill is perverse on the face of the document of title of the Appellants at Exhibit 56?

3. The Appellants are the original Plaintiffs and the Respondents are the original Defendants in Regular Civil Suit No.39/2002/B, instituted in the Court of Civil Judge, Jr. Division, at Quepem. For the sake of convenience, the parties will be referred to by their original description in the plaint.

4. The Plaintiffs, in their suit, applied for the following reliefs:

(a) For a Judgment and Decree that the plaintiffs are owners in possession of the suit property as described in para 4 above, surveyed under no 9 sub division no 3 and 4 and survey no.19/1 (part) of Village Balli, Taluka Quepem and recording the name of Ganba Fatti Phal Desai in occupant's column of survey No. 9/3 of Village Bali is a mistake;

b) For a Judgment and decree for resurvey the survey number 18/