BENEDITO MANUEL GONSALVES Vs. PEDRO CONCEISSAO MARIO GONSALVES

JUDGEMENT

(1.) Following points fall for determination in this petition:

(2.) Agriculture land which is predominantly a paddy field, surveyed under No. 17 / 78 of village Amona, admeasuring 8550 sq. mts. is the subject matter of dispute, which is hereinafter referred to as the "suit field".

(3.) The suit field belongs to the third respondent Cabido da Se Premacial ("Cabido" for short) and was being cultivated by Manuel Gonsalves, the father of petitioner No. 1 Benedito Gonsalves (since deceased) and the first respondent Pedro Gonsalves. Manuel Gonsalves. died on 14th September, 1984, while his wife Pasquela Fernandes expired on 17th May, 1996. Manual and Pasquella had three sons and, namely now deceased petitioner No. 1 Benedito, Antonio and respondent No. 1 Pedro, and two daughters Ana Rosa and Salvacao. Manual Gonsalves was cultivating the suit field as a tenant thereof since the year 1944 till his death on 14th September, 1984 and his name is recorded in the tenant's column of the record of rights. According to the petitioners, on and from the Tiller's day i.e. 8th October, 1976, Manual Gonsalves became deemed purchaser of the suit field, in view of the 5th amendment to the said Act. In short, according to the petitioners, after the death of Manual and his wife Pasquela, their children along with their spouses have inherited the tenancy rights. It was contended that after the death of Manual, Pasquela was cultivating the suit field with the assistance of petitioner No. 1.