Karavali

Civil Court rejects John Baptist’s affidavit, claims SAC to be a legal owner

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Mangalore, Aug 27: The Mangalore city civil court dismissed five applications filed by Mr John Baptist Lewis on Aug 26, Tuesday submitted seeking injunctions for the restoration of building and claiming for a piece of land that belonged to him at St Aloysius College premises.

In the verdict, Court termed the affidavit filed by retired High Court Judge Mr Michael Saldanha in support of the case as just a “piece of paper” and claims that that St Aloysius College is the legal owner of the property.

Senior advocate M P Noronha had argued the case for St Aloysius College and produced all the original documents which show that the property legally belongs to College and John Baptist Lewis was frivolous.

Principal Civil Judge, Mangalore Smt. Tattanda Damayanti Somayya in her 28-page order passed on Tuesday, dismissed the claim by John Baptist Lewis that he was the adopted son of Alice Lydia D’Souza, the original owner of the property. She also dismissed the claim that Lewis resided in the suit schedule premises from the last 40 years.

It has to be noted here that Alice Lydia D’Souza had bequeathed this property through a registered Will in 1986 to Karnataka Jesuit Education Society, through St Aloysius College. She has also mentioned in her Will to the college to allow her nephew Errol Flinn Gonsalves to stay in the house situated in the property and it was allowed for the same.

But, after Mr Gonsalves’ death in July 2013, all of sudden Mr John Baptist Lewis, began claiming legal ownership posing himself as a adopted son of Alice Lydia D’Souza, without possessing a single valid document.

The Court has taken a very serious cognizance of his fraudulent misdemeanor and squashed all his applications. The court even said that Mr Lewis had “no right to question the validity of the Will,” as he “he is not a legal heir of Alice D’Souza”.

John Baptist Lewis produced two ration cards of John Baptist Lewis before the court. In one the ration card, it shows that John Baptist was a resident of C/o No. 15/26, Jayashree Nivas, Pathrao Lane, Karangalpady, Mangalore and has no address of the suit property.

Whereas the address in his BPL card shows that he was a resident of Door no. 1-2-77, Dharmatota, Pavoor, Boliyar Village. Apart from it, his marriage certificate discloses the marriage dated on 13-5-1990, showing to be a resident of Fajir.

The Court also produced the Will executed by Alice Lydia D’Souza in favour of Karnataka Jesuit Education Society (KJES), its name is entered in the RTC extract, which was even entered in the revenue records.

In a scathing remark, the Court said that affidavits filed by Mr M F Saldanha, retired judge of the High Court Saldanha’s affidavit ‘just a piece of paper’ and took serious objections to untoward affidavits.

The court also stated, Mr Saldanha in his affidavit had narrated false story of witnessing the incident on 26-6-2014 and contended that Advocate Noronha, Fr Denzil Lobo, Fr Almeida, Fr Cyril and John D’Silva physically pulled out John Baptist Lewis, assaulted him etc. Since Saldanha was not at all present at the relevant time when the alleged incident took place and was in Bangalore from 23-6-2014 to 28-6-2014 to participate in the mass at St Joseph Boys’ High School Chapel to pray for the soul of his departed wife.

The court concludes its statement by stating that Mr John Baptist Lewis had failed to produce necessary documents to show that he was in possession of suit schedule premises.

Elated over the order passed by the City Civil Court, Fr Swebert D’Silva SJ, Principal of the College said that the we were only trying to claim what legally belonged to us for the sake of scores of children.

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