Zuari Agro Chemicals Ltd (M/s.) v. Basilia M. Gomes and her husband and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1978 Supreme(Online)(Bom) 5

GOA HIGH COURT
,
Zuari Agro Chemicals Ltd (M/s.) v. Basilia M. Gomes and her husband and Another

Advocates:
For the Appellants/Petitioners:
For the Respondents: Shri Sardessai, Shri Raiturkar

Table of Content
1. suit details and plaintiffs' claims regarding land ownership. (Para 1 , 2)
2. defendants' arguments regarding necessity of other heirs as parties. (Para 4 , 6)
3. court's analysis of party joinder under cpc rule. (Para 5 , 8 , 9)
4. court's rationale on necessary parties not being significantly impacted. (Para 10 , 11)
5. final ruling dismissing the revision application. (Para 12)

1. 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 l