ROGER FRANCO AND ORS. Vs. LEONARA FERNANDES

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Mr. Pangam, learned Counsel waives service on behalf of the respondent. Heard finally, by consent of the parties.

(2.) By this petition, the petitioners are challenging the judgment and order dated 24.09.2013, passed by the Deputy Collector and S.D.O., Mapusa in Appeal No. DC/MND/MAP/APL/BAR -11/3/2011. By the impugned judgment, the application filed by the petitioners seeking leave to challenge the order of registration dated 14.05.1986, passed by the Joint Mamlatdar of Bardez, has been refused.

(3.) The brief facts are that the land bearing survey No. 175/19 of village Calangute, Bardez, Goa is subject matter of the dispute. According to the petitioners, the said land was belonging to their ancestors, Mrs. Rosalina Fernandes, who passed away in the year 1982. Rosalina had a son, Mr. Andrew Fernandes and two daughters, Mrs. Catherine Franco and Mrs. Pedrinha Pereira. Vicent Franco was the husband of Catherine Franco. Vicent Franco and Catherine Franco are the parents of the petitioner No. 1 -Roger Franco and parents -in -law of petitioner No. 2 -Mrs. Julie Franco. Catherine Franco died in the year 1986, while Vicent Fernandes died in the year 1987. The respondent -Leonara Fernandes had filed an application under Sec. 29(4) of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, (the Act, for short), against Andrew Fernandes for registration of her name as a mundkar in respect of the dwelling house bearing No. 5/142 -B situated in the aforesaid land under survey No. 175/19. The learned Joint Mamlatdar has allowed the said application vide order dated 14.05.1986, directing registration of the respondent as a mundkar. A perusal of the said order shows that the opponent therein, namely Andrew Rodrigues had admitted the claim of the respondent being a mundkar.