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M. S. SONAK
Shri Antonio Crecencio Luis Dourado – Appellant
Versus
Shri Motiram Dharma Prabhu – Respondent
JUDGMENT/ORDER
1. Heard Mr Joaquim Godinho for the appellant.
2. This Second Appeal was admitted on 16/12/2011 on the following substantial question of law:-
<WXY>(I) Whether the Courts below have come to a perverse finding of fact that the disputed nullah is not existing at the site despite of the documentary evidence on record namely the documents of purchase of the appellant and the respondent and the survey records?</WXY>
3. The appellant is the original plaintiff, and the respondent is the original defendant in Regular Civil Suit No.161/2000/A/C instituted in the Court of the Civil Judge, Junior Division at Panaji, Goa.
4. The appellant's case is that he is the owner in possession of the property surveyed under No.101/3 of Taleigao Village, bounded on the West by a nullah or sangria and to the North by the property surveyed under No.101/2 belonging to the respondent. The appellant's case is that even the respondent's property is bounded on the West by a nullah or sangria and on the East by Panaji-Taleigao road.
5. The appellant's case further was that the nullah on the property's western boundary, though shown in the 1983 sale deed by which the appellant purchased his property and
The courts upheld the principle that documentary evidence must be reconciled with the actual state of the property, and findings of fact based on the preponderance of evidence are not to be disturbed....
The case emphasized the importance of clearly establishing property boundaries and the need for documentary evidence to support ownership claims.
The court established that admissions regarding property boundaries and the validity of sale deeds are critical in determining ownership, and discrepancies in measurements do not negate established o....
In property disputes, the Plaintiff must prove title and possession with clear evidence, particularly regarding boundaries, which takes precedence over extent claims.
Possession of land, supported by historical rent receipts and acknowledgment by the ex-landlord, is sufficient to establish title, and municipal survey entries do not negate this title.
The evidentiary value of title documents and the importance of public documents in establishing ownership title and boundaries.
The main legal point established in the judgment is the requirement to plead and prove essential facts to establish adverse possession, including continuity, publicity, and hostility to the true owne....
Boundaries specified in a sale deed prevail over measurements when determining property ownership.
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