ALLAN VALLES Vs. ALKA ATCHUT TELI AND ORS.

JUDGEMENT

(1.) THE petitioner challenges the order passed by the Administrative Tribunal, Goa, rejecting the revision application filed by him against the order passed by the Additional Collector, North Goa, dismissing the application for condonation of delay of 11 years in the appeal filed by the petitioner. The appeal was filed by the petitioner challenging the order passed by the Deputy Collector allowing the application of the respondent no. 1 as a heir of the original mundkar and entering her name as mundkar of the property.

(2.) THE property is a dwelling house in city of Panaji. The father of the respondent no. 1 -Shabi Gurav had filed an application for registering himself as a mundkar in respect of the house. The Mamlatdar by order dated 21 January 1976, declared Shabi Gurav as a mundkar. Fransisco Silveira and his wife Lydia Valles Silveira, uncle and aunt of the petitioner, challenged the order declaring Shabi Gurav as a mundkar, by way of a revision. The revision was dismissed by order dated 14 January 1980. Fransisco Silveira and his wife Lydia Valles Silveira (Silveiras) filed a Civil Suit no. 156/1972, which was dismissed by the Civil Court on the ground of lack of jurisdiction. Silveiras, thereafter, took no steps to challenge these orders and the orders attained finality.

(3.) ELEVEN years after the order dated 24 July 1985, the petitioner, claiming to be inheritor of Silveiras, filed an appeal on 5 September 1996. According to the petitioner he acquired rights in the property by a deed dated 5 April 1990 executed by Silveiras. In the appeal, the petitioner took out an application for condonation of delay. In the application for condonation of delay the petitioner averred that as per the judgment of the authority, Silveiras were not served with the proceedings of the case, and, therefore, they were unaware of the same. He contended that during the Civil Suit no. 83/1996 filed by him, respondent no. 1 Alka Teli in the written statement placed on record the order passed on 24 July 1985 and that time he became aware of 24 July 1985 for the first time. On this ground, petitioner sought condonation of delay in filing appeal.