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2021 Supreme(Bom) 695

BHARATI H.DANGRE
Constancio Luis Caetano Rubina Lobo – Appellant
Versus
Leandrina Antao – Respondent


Advocates appeared:
M.B. Dcosta, Advocate, Karishma Betquecar, Advocate, Sudesh Usgaonkar, Advocate, R. Pereira, Advocate

JUDGMENT

Bharati H. Dangre, J. - The Appeal revolves around the property admeasuring 503 sq.m known as 'Mixto Sonarxeilem, 2nd Adicao or Mixto Sonarxetilem, situated at village Camurlim of Salcete Taluka and as averred in the plaint, is enrolled in the Revenue office at Margao under Matriz No.167 with an existing house registered in Taluka office under Urban No.85. The said property is surveyed under Survey No.109/7. The discord revolving around the property arises out of the description of the said property given in the plaint by the plaintiff and the defence set up by the defendant in their written statement to the effect is that there exist no such property as described in the plaint and the survey holding no.109/07 of Village Camurlim forms part and parcel of the opponents bigger property described in land registration office of Salcete under No. 45018 and Matriz No. 166. The parties are in controversy about the ownership and possession of the said property.

2. The Appellant in this appeal is the plaintiff who instituted a Suit for declaration, possession and perpetual injunction vide Regular Civil Suit No. 294 of 1987 and since deceased, his legal heirs are on record. The respon

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