Article 349 of the Code of Communidades, which reads as under :
When the Communidade decides to file any suit in the Court as per Article ... expenses for prosecution of suits where permission is required. For such suits, therefore described under Article 9 , the Communidade cannot spend money from its funds
respondent Nos. 1, 2 and 4 in
the said suit.
THE SUIT
4) The suit filed by respondent Nos. 1 to 5 (hereinafter referred ... suit property and to the
suit illegal structure in whatsoever nature;
(b) the Defendants be directed by way of mandatory
injunction to demolish the suit
order restraining the said petitioner and Administrator of Communidade from demolishing the suit structure. By order dated July 27, 1990 the learned Civil Judge rejected ... taken by the Administrator of Communidades and the rights which the Communidade aimed at enforcing in the Civil Suit filed against the respondent to restrain
Suit No. 167/92 and interim injunction restraining the defendant. The petitioners' case is that the suit property originally belonged to the Communidade ... tenants since 1954-1957. In an auction by the Communidade in 1954-1957 of the suit property which is a cashew garden, one Smt. Maria
grant
permission to the Communidade to compromise terms in any
suit to which the Communidade is a party.
6.The facts which have ... Article 30 (4) (g) empowers the Communidade to deliberate
upon, the withdrawal and compromise of civil suits and this
aspect of the matter was completely
This order is challenged in this revision.
2. The suit property admittedly belongs to the Communidade of Pilerne and it stands recorded in the records ... lessee of Fr. Vaz, who was lessee of the Communidade and the applicants claim the suit property on the basis of two Agreements dated
Survey Records of the
aforementioned suit properties.
(c) The original Defendant i.e. the Communidade of
Cortalim by an application under Order 9 Rule ... Exhibit 22, filed before it by the Communidade of Cortalim,
whilst rejecting the Communidade's application seeking
withdrawal of the application under Order
communidade, that is to say, the members of the communidade. The rights include the right to intercede, discuss and vote in the meeting of communidade ... decisions of the communidade. Amongst them are minors or insolvents, debtors of the communidade, those who have instituted suits against the communidade (only as regards
expenses of the Communidade. Similarly, the
Administrative Tribunal is empowered to decide matters
pertaining to irregularities in the auctions of
Communidade verified and communicated ... accordance with the Code of Communidade. The
Administrative Tribunal has also empowered the
Communidade to file suits as well as to give up, confess
Findings of the courts
below are that the suit property viz.
Talhao No. 168 of Communidade of Anjuna ... Vassudev Govekar acquired
this property from Communidade of Anjuna.
In Para 6 it is mentioned that on this
suit property, incomplete structure was
raised
