ORDER :- The respondents/plaintiffs filed a suit against the petitioners/defendant No. 1 and the Comunidade of Sancoale, the defendant No. 2 for obtaining a declaration that the suit land belonging to them and other heirs of the late Joaquim Eleuterio Gomes of Pale, for a further declaration that the perpetual lease granted in respect of the suit land by the defendant No. 2, is null and void and for a perpetual injunction restraining the defendant No. 1 from interfering with the possession by the plaintiffs of the suit land.

2. The case of the plaintiffs is as follows:-

The father of the plaintiff No. 1, the late Joaquim Eleuterio Gomes of Pale, Velcao, acquired vast lands admeasuring about 1,50,975 sq. mts. partly by perpetual lease granted by the defendant No. 2 to him, partly by virtue of legalised usurpations and partly by prescription. This area was comprised, inter alia, of plot No. 23, which is the subject-matter of this suit. As one of the heirs of Joaquim, the plaintiffs are entitled jointly with the other heirs, to the suit land. The second defendant gave in perpetual lease some areas belonging to the defendants, but wrongfully included the suit land in that lease.