Case Note & Summary
The appeal arises from a judgment and decree dated 30/08/2004 passed by the Additional District Judge - I, South Goa, Margao in Civil Suit No.183/2004. The appellants, defendants nos.5 & 9, challenged the decree granting a permanent injunction in favor of respondent no.1, the plaintiff. The plaintiff claimed to be a co-owner in possession of the property known as 'Gorgina' or 'Gorbata' situated in Molorem, Canacona, surveyed under no. 186/26 of village Khola. He traced his title through a succession from Custam Malu Ferreiro alias Custam Malu Chari and Sanvlo Mono Ferreiro alias Sanvlo Mono Chari, both brothers. Upon Sanvlo's death without successors, his share devolved to Custam, who died leaving Malu Custam Chari as sole successor, then Pandurang Malu Chari, then Pandhari Pandurang Chari, and finally the plaintiff as the only son of Pandhari. The plaintiff alleged that the defendants, including the appellants, were interfering with his possession. The trial court found that the plaintiff had proved his title and possession, and that the defendants failed to establish any superior right. The High Court, in appeal, upheld the trial court's findings, noting that the appellants did not challenge the plaintiff's title or possession effectively. The court dismissed the appeal, confirming the permanent injunction against the defendants.
Headnote
A) Civil Procedure - Permanent Injunction - Co-ownership and Possession - Plaintiff sought injunction against defendants alleging interference with his possession as co-owner of property 'Gorgina' or 'Gorbata' - Court upheld trial court's finding that plaintiff proved his title and possession, and that defendants failed to establish any superior right - Held that injunction was rightly granted to protect plaintiff's possession (Paras 2-10).
Issue of Consideration
Whether the plaintiff is entitled to a permanent injunction and damages against the defendants based on his claim of co-ownership and possession of the suit property.
Final Decision
Appeal dismissed. The judgment and decree of the trial court granting permanent injunction in favor of respondent no.1 is confirmed.
Law Points
- Permanent injunction
- co-ownership
- possession
- title
- burden of proof
- Civil Procedure Code
- Specific Relief Act
