LAWS(BOM)-2006-8-106

RAMABAI S N GAUNEKAR Vs. SANTOSH GAJANAN NAIK

Decided On August 22, 2006
RAMABAI S.N.GAUNEKAR Appellant
V/S
SANTOSH GAJANAN NAIK Respondents

JUDGEMENT

(1.) HEARD both the parties. Perused the record.

(2.) THIS civil revision application is aimed against the order passed by the Civil Judge, Jr. Division, Ponda dated 29/01/2004 rejecting the application of defendants No. 1 and 2 which was under Order VII, Rule 11 of the Code of Civil Procedure, seeking rejection of the plaint.

(3.) IT was the case of the defendants that in the plaint, the plaintiffs made averments that they are tenants of the suit property and defendants No. 1 and 2 were their landlords. Section 8-A of the Goa Agricultural Tenancy Act, 1964 ("the said Act" for short) provides for all reliefs claimed by the plaintiffs in the suit; whereas Section 58 of the said Act bars jurisdiction of the Civil Court to deal with or decide matters which are to be dealt with and decided by the authorities under the said Act. The plaintiff filed the suit for: