Supreme Court of India · 1997-03-14
KASHINATH S BANDEKAR & ORS. vs ATMARAM VASSUDEVA NAIQUE & ORS.
- Citation / case number
- SC 1990/77097
- Court
- Supreme Court of India
- Petitioner
- KASHINATH S BANDEKAR & ORS.
- Respondent
- ATMARAM VASSUDEVA NAIQUE & ORS.
- Author
- K. VENKATASWAMI A.S. ANAND
- Bench
- K. VENKATASWAMI A.S. ANAND
Judgment text excerpt
The Supreme Court addressed the procedural complexities in property disputes under the Portuguese Civil Procedure Code and the subsequent applicability of the Indian Civil Procedure Code in Goa. The Court held that the Judicial Commissioner had the authority to remand the case for further adjudication on possession and prescription issues, emphasizing the importance of evidence in determining ownership. The appeal was allowed, and the findings of the lower courts were upheld, reinforcing the principle that possession is a key factor in property disputes.