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1975 Supreme(Goa) 5

K.N.SHUKLA
Conceicao Antonio Fernandes – Appellant
Versus
Dr. Arfano de Loyola Patricio Furtado and another – Respondent


Advocates Appeared:
S. P. Raiturker, for Petitioner B.dos Reis, for Respondents.

Judgement

ORDER :- This Revision Petition challenges the finding and order of the learned trial Court on a preliminary issue with regard to the admissibility of a document for want of registration.

2. Respondents brought a suit against the applicant/defendant for possession of property situate at village Paroda and registered in the Land Registration

Office, Quepem under No. 9746. The land in question was admittedly given on lease to the applicant/defendant by respondent No. 1 under an unregistered document dated 18-1-1967. The lease purported to be in force for a period of six years. Respondent No. 1 in 1973 leased out the same property in favour of respondent No. 2. On the basis of this right respondent No. 2 served a notice on the applicant/defendant asking him to vacate the suit land.

3. It is also alleged in the plaint that the lease deed in favour of the applicant/defendant being unregistered did not pass any right or interest in his favour and for this reason also he was liable to be evicted.

4. The applicant/defendant resisted the suit on various grounds. About non-registration it was pleaded that the document could not be registered as respondent No. 1 avoided to do so and gave









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