ORAL JUDGMENT

Heard Shri Sudin Usgaonkar, learned Counsel appearing for the appellants and Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the respondents.

2. By order dated 16.07.2010 the above appeal is admitted on the following substantial questions of law :

1. Whether the Lower Appellate Court has failed to consider the admission under Section 58 of the Evidence Act with regard the date of the construction of compound wall and, consequently, came to an erroneous finding that the suit is barred by limitation ?

2. Whether on account of misconstruction of the Deed of Sale of the year 1908 (11/05/1908), the Court got disoriented relating the direction of the properties ? 3. Whether the First Appellate Court committed illegality is discarding the Communidade plan of the original suit property although the said plan was of Tomba-1 prepared under Article 549 of Code of Communidade ?

3. Briefly the facts of the case are that