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IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 43 OF 2011

SHRI. RATNAKANT RAMCHANDRA

SALGAONKAR,(expired)

through legal representatives:

1. SHRI. RAMAKANT RATNAKANT

SALGAONKAR, s/o late Ratnakant

Salgaonkar, major of age, married, service and

his wife,

2. SMT. VISHRANTI RAMAKANT

SALGAONKAR, major of age, marricd,

housewife,

Both Indian Nationals,

r/o House No.42, Nagir Wado, Paliem,

Uccassaim,Bardez-Goa.

3. SHRI PRADEEP RATNAKANT

SALGAONKAR, s/o late Shri Ratnakant

Salgaonkar, major of age, married, service and

his wife

4. SMT. SARITA PRADEEP

SALGAONKAR, major of age, married,

housewife,

Both Indian Nationals,

r/o House No.42, Nagir Wado, Paliem,

Uccassaim, Bardez-Goa.

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5. SHRI DATTA RATNAKANT

SALGAONKAR, s/o late Shri Ratnakant

Salgaonkar, major of age, married, service and

his wife,

6. SMT. SHANTI DATTA SALGAONKAR

w/o. Shri Datta Ratnakant Salgaonkar, major

of age, married, housewife,

Both Indian Nationals,

r/o House No.42, Nagir Wado, Palicm,

Uccassaim, Bardez-Goa.

7. SHRI AMRUT RATNAKAR

SALGAONKAR,(expired)

s/o late Shri Ratnakant Salgaonkar,

major of age, bachelor, Indian National,

r/o House No.42, Nagir Wado, Paliem,

Uccassaim, Bardez-Goa.

8. SHRI VIJAY RATNAKANT

SALGAONKAR, s/o late Shri Ratnakant

Salgaonkar, major of age, bachelor, Indian

National, r/o House No.42, Nagir Wado,

Paliem, Uccassaim, Bardez-Goa.

...Appellants

V/s.

SHRI NAVNATH VISHNU SALGAONKAR

ALIAS SHRI RAGHUNATH

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RAMCHANDRA SALGAONKAR,

s/o late Shri Vishnu Babu Salgaonkar,

aged about 70 years, widower, Indian National,

r/o. House No.40, Nagir Wado, Paliem,

Uccassaim, Bardez-Goa.

...Respondent

Mr. Sudesh Usgaonkar with Ms. R. Pereira, Advocate for the

appellant.

Mr. M.B. D'Costa, Senior Advocate with Ms. Karishma Betquecar,

Advocate for the respondents.

Coram:- SMT. BHARATI H. DANGRE, J.

Reserved on: 11^th Febraury,2021

Pronounced on : 25^th February,2021

JUDGMENT :

The dispute in the proceedings revolves around a

property admeasuring 3000sq.mtrs. bearing Survey No.1 Sub

Division No.14 of village Paliem, within jurisdiction of Village

Panchayat of Paliem Taluka and Sub District Bardez, State of Goa,

described in Land Registration Office Bardez, at Mapusa Goa

under No.14345 at page 96 overleaf of Book B-37 New and

enrolled in Taluka Revenue Office of Bardez under Matriz No.47

under Third Circumscription of Bardez bounded on the East by an

access/road, on the West by property under Survey No.1/13, on the

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North by Mapusa- Paliem Public Road and on the South by

remaining part of the property described under Land Registration

Office under No. 14345. The description of the property as above

is the “suit property”.

2.

The origin of the proceedings came to be traced to a

case instituted in the Court of Mamlatdar of Bardez at Mapusa by

one Antonio Da Costa Frias by preferring an application for

declaration under Section 7 of the Agricultural Tenancy Act,1964.

The said application was filed on 11th August 1993 impleading

two opponent's, namely one Ratnakant Ramchandra Salgaonkar

and Raghunath R. Salgaonkar.

The applicant claimed to have inherited the property

known as "Moloi" bearing Survey No.1/14 situated at Paliem,

Ucassaim, Bardez, Goa and subsequent to this, the applicant and

his mother who were said to be cultivating the suit paddy field. On

receipt of notice from the opponents about purchase of the paddy

field, when the applicant verified Form No.I and XIV, the name of

the opponents were found to be recorded