(1.) By this petition under Articles 226 and 227 of the Constitution filed in April 2013, the Petitioner has challenged :
(2.) The properties in question belonged to Joaquim Antonio alone or to Joaquim Antonio and his brother Joaquim Xavier. Both the brothers are deceased. While Joaquim Xavier died as a bachelor, Joaquim Antonio had several children including Vincente Agostinho. Family trees as given by the petitioner are as under:- <p>J.Antonio (married to Ana Maria) J.Xavier (brother) (died) (died bachelor) _________________________|_____________________________ | | | Vicente-Agostinho Heriberto Alberto -(Resp.No.4) ("Testator"-died 16-11-1989) (died bachelor 8-1-2006)
(3.) Respondent no.3 filed application in the year 1988 before Mamlatdar, Mormugao for a declaration of tenancy in respect of lands bearing Survey Nos.61/1, 63/2, 65/3 and 62/1 situated at Village Cuelim. By order dated 30 November 1988, the Mamlatdar declared the Respondent no.3 as a tenant in respect of said properties under Section 18A of the Tenancy Act. By an order dated 10 September 1992, the Mamlatdar determined the purchase price and on payment of purchase price by Respondent no.3, Mamlatdar issued certificate of purchase dated 23 February 1993 in respect of the aforesaid lands. None of the aforesaid orders came to be challenged in appeal under Section 49 or the revision under Section 50 of the Tenancy Act.