GOPAL MAHADEV SAWANT Vs. MARIANO S JOSE GODINHO

JUDGEMENT

(1.) This is a Letters Patent Appeal by persons claiming to be mundkars under an Act known as the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter referred to as "the Mundkars Act") challenging the order of the learned single Judge of this Court dated 4th March, 1983. dismissing their Writ Petition and discharging the rule. The appellants herein filed the said writ petition against the judgment and order of the Administrative Tribunal dated 20th September, 1980, confirming the order of the Additional Collector dated 30th September, 1978, reversing the order of the Mamlatdar dated 30.6.1978, to the contrary and holding that on the facts of the case the appellants were not mundkars.

(2.) The matter at issue rests in a very narrow campus. But, before dealing with the question at issue it would be convenient to set out a few relevant facts:-

(3.) A narrow point for consideration was whether in the facts and circumstances of this case the appellants could be excluded from being a mundkar under the provisions of clause (i) of Section 2(p) of the said Mundkars Act.