SANTANA FURTADO DIAS Vs. UTTAM TARI

JUDGEMENT

(1.) Petitioner challenges in this writ petition, filed under Articles 226 and 227 of the Constitution, the judgments and orders dated 28th April 1979, 18th September 1979 and 20th August 1983 passed by the Mamlatdar of Bardez, Additional Collector of Goa and the Administrative Tribunal, respectively.

(2.) The material facts may be stated. The petitioner filed a civil suit for the eviction of the first two respondents on the ground of non-payment of rent alleging them to be her tenants. This suit was resisted by the said respondents inter alia, raising the mundkarship issue. Therefore, pursuant to the provisions of Section 13 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, hereinafter called the Act, the suit was transferred to the file of the Mamlatdar with jurisdiction in the area where the suit house is situate, namely the Mamlatdar of Bardez. By his judgment and order dated 28th April 1979, the learned Mamlatdar declared the said respondents to be Mundkars of the suit house. This declaration was affirmed by the Additional Collector of Goa in an appeal perferred by the petitioner against the aforesaid order of the Mamlatdar of Bardez by judgment dated 18th September 1979. Again, the said declaration was confirmed by the judgment of the Administrative Tribunal, the fifth respondent herein, dated 20th August 1983 in a revision application field by the petitioner against the order of the appellate authority dated 18th September 1979.

(3.) Petitioner assails the above referred judgments and orders on the sole ground that the first two respondents are not Mundkars of the suit house in view of the definitions of Mundkar and dwelling house given in the Act.