JUDGMENT : This second appeal arising out of a suit instituted by Julia Leocadia Lucretia Fernandes against the appellant Jose Caetano Vaz merits diamissal in limine.

2. The property in dispute known as Bairo dos Curumbis and situate at Ilha de Rachol is owned jointly amongst others by the plaintiff and the defendant. The defendant began digging up the foundations with the object of building a house on a part of the joint land. The plaintiff filed a suit, within 8 days of starting of the said digging operations, claiming permanent injunction restraining the defendant from carrying on with the building work, besides mandatory injunction directing the defendant to demolish the building he had set up by then. The defendant pleaded that he had the right to build on a part of the joint property, especially when he wanted to build on a portion which was not beyond his share in the joint property. This defence did not prevail with the trial court in the first instance, nor with the learned District Judge, Panaji, in appeal. The trial court decreed the suit by its order dated 30th of April 1968 and the learned District Judge dismissed the appeal filed against the decree of the trial court o

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