Case Note & Summary
The case involves a dispute over a mill with an area of 134 sq. metres. The plaintiff, Amaral Pereira, claimed that his grandmother, Maria Francisca Fernandes, took over the mill in 1933 in the name of Shaba Bojru Naik Bagat. After her death, the mill was transferred to her daughter Dumetilda Fernandes in 1970, then to her husband Raymond Carneiro, and finally to the plaintiff in 1973. The plaintiff alleged that he was in possession of the mill since 1973, paying taxes and running it as his own, thereby acquiring ownership by adverse possession. The defendant, Narendra Voikunt Raikar, denied the plaintiff's title, claiming that the mill and the property belonged to him and his co-sharers, and that the plaintiff's documents were manipulated. The trial court decreed the suit in favor of the plaintiff, declaring his title and granting a perpetual injunction, with a direction to the Collector to update survey records. The first appellate court confirmed this decision. The defendant then filed a second appeal before the Bombay High Court at Goa. The High Court, after hearing both parties, dismissed the appeal, upholding the concurrent findings of the courts below that the plaintiff had established his title by adverse possession.
Headnote
A) Property Law - Adverse Possession - Declaration of Title - Plaintiff claimed ownership of suit mill by adverse possession since 1973 - Defendant denied title and alleged manipulation of documents - Trial Court decreed suit, confirmed by First Appellate Court - Held that plaintiff's long possession, payment of taxes, and licence in his name established adverse possession (Paras 2-4).
Issue of Consideration
Whether the plaintiff has perfected his title to the suit mill and land by adverse possession?
Final Decision
Second Appeal dismissed. Judgment and order of the Additional District Judge, Margao dated 30/09/1997 confirming trial court's decree is upheld.
Law Points
- Adverse possession
- Declaration of title
- Perpetual injunction
- Burden of proof
- Limitation
