MARIA FERNANDES Vs. ISHAPREMA NIKETAN

JUDGEMENT

(1.) THIS Writ Petition is filed against the Order dated 8th March, 1996 , passed by the Administrative Tribunal of Goa , Daman & Diu at Panaji , in Mundkar Revision Application No.15/93.

(2.) THE facts giving rise to this Writ Petition indicate a chequered history of this litigation right from 1970. The petitioner was residing in a house in the property known as "MANICHE" of "ANTO DAS CASAS" or "MAUXICHEM BHATT", situated at Goa Velha and registered in the Land Registration Office of Ilhas under no. 5317. This property belonged to Shri . Andre Benicio Clemente Jose Francisco D'Souza of Goa Velha . There was a mud house in the said property and the petitioner was residing in that house. The said owner gifted the property to the respondent no.1 under a Gift Deed dated 7th June, 1968. Shri . Benicio died on 1st November, 1969. The respondent no.1 thereafter on 8th October, 1970, served a notice on the petitioner through a lawyer, alleging that the petitioner had constructed some additional premises around the mud house and called upon the petitioner to pull down the additional premises and to vacate the mud house and to hand over vacant possession of the same. The petitioner replied the notice on 20th October, 1970 and contended that she was residing in the property as mundkar and she also denied that she had carried out any new construction or had occupied any new area from that property. As the petitioner did not vacate the premises, the respondent no.1 filed Civil Suit No.6/71/C in the Court of Civil Judge, Senior Division at Panaji .

(3.) BOTH these applications were heard together and the learned Mamlatdar , Panaji , by his common Judgment dated 9th March, 1988, held that the present petitioner failed to prove that she was a mundkar .