PEDRO GOMES VIEGAS Vs. AGOSTINHO FERNANDES

JUDGEMENT

(1.) HEARD Shri I. Agha, learned Counsel appearing for the Appellant. None for the Respondents though served.

(2.) THE above Appeal has been admitted on the following substantial questions of law :

(3.) I have carefully considered the submissions of the learned Counsel. I have also gone through the records. This Court whilst disposing of Writ Petition no. 395 of 2012 by Judgment dated 07.08.2012, has, inter alia, come to the conclusion that any such structures put up by a Mundkar have to be located within the dwelling house. The said Judgment of this Court has been upheld by the Division Bench of this Court in Letters Patent Appeal no. 7 of 2012, disposed of by Judgment dated 04.12.2012. In view of the said Judgments of this Court, it is no longer res -integra that any structure by the Mundkar has to be located within the dwelling house as defined under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. In the present case, though it is sought to be contended by Shri Agha, learned Counsel, that the said structure is located at a distance of 12 metres, nevertheless, this aspect would have to be considered by the fact finding Court on merits. It would not be appropriate for this Court to re -appreciate the evidence. Apart from that, Shri Agha, learned Counsel, pointed out that the Respondents have not even filed any cross appeal or cross objections challenging the relief granted in favour of the Appellant to demolish the cow shed. This aspect will also have to be re -examined by the Lower Appellate Court on its own merits.