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“11...On the basis of such pleadings, the Lower Appellate Court was justified to come to the conclusion that the fact that the property was granted by the Communidade in favour of said Vassudev, who is the father of the Respondents – original Plaintiff nos. 1 and 3, undisputed by the Appellants. This admission is coupled with the receipts from the Communidade produced by Dw.1 in the cross at exhibit 78 colly which stand in the name of said Vassudev as well as the Survey Records and the earlier house tax records. As the fact that the property was granted by the Communidade in favour of the said Vassudev has not been disputed, the Lower Appellate Court was justified to come to the conclusion that the findings of the learned Trial Court that there was a cloud raised in the title of the Respondents could not be sustained. An admission made by a party is not conclusive but a decisive fact in a case unless the other party successfully withdraws the same or proves it to be erroneous. What has to be considered is what effect is to be given to such admission and whether such admission read with other material on record would lead to an unambiguous and relevant piece of evidence to establish a  fact. In the present case, apart from the said admission which can be curled out from the pleadings, as even in the deposition of Dw.1, he has not disputed that the final grant was given by the Communidade to Vassudev though he contended that it was at the instance of the father of the Appellant no.1, Jaganath. Apart from that, Article 338 of the Code of Communidade clearly provides that the provisional delivery of the land granted, as emphyteusis, cannot be considered in legal relations between the communidade and the lease holder, as there is an optional act of mere tolerance, and only the definitive possession confers to the emphyteuta the rights that the civil law recognizes and assures. This aspect has to be further read along with the duly promulgated Survey Records which are also standing in the name of Vassudev besides the other material produced in the cross examination of Dw.1 at exhibit 78 colly which conclusively established that the suit property was granted to the said Vassudev and which devolved upon the Respondents after his death. The duly promulgated Survey Records in respect of the suit property surveyed under no. 251/2 stands in the name of said Vassudev which draws a presumption of possession in his favour. When it is not in dispute that the grant was in favour of said Vassudev who is the father of the Respondent nos. 1 and 3, such presumption of possession was in continuation of the title vested in him. The Respondents have also produced the allotment of the Inventory Proceedings upon the death of said Vassudev which discloses that the suit property devolved upon the Respondents. Article 2158 of the Portuguese Civil Code, inter alia, provides that the partition of the properties legally made in respect of which there had not been any objection, confers on the co-heirs exclusive ownership of the properties partitioned among them. Hence, the Lower Appellate Court was justified to hold that said Vassudev was the owner in possession of the suit property.”