GANGA COELHO Vs. NEENA PINTO

JUDGEMENT

(1.) THE petitioners (plaintiffs in the suit) had filed a suit for permanent injunction seeking to restrain the respondents (defendants in the suit) from interfering with the suit field "palmar Gaspar Dias". The plaintiffs case, in brief, is that the original plaintiff was tenant and now deemed owner of the suit field by virtue of Fifth Amendment to Agricultural Tenancy Act, 1964 (hereinafter called the said Act ). According to plaintiffs, the defendants were the owners of the said paddy field. The suit field, which is an agricultural property, was leased to the original plaintiff in the year 1956 by original defendant and, in the year 1977, defendant No. 1 stopped the original plaintiff from carrying out work in the suit field and apprehending that he would be dispossessed, he filed suit for permanent injunction in October, 1977.

(2.) THE defendants in their written statement answered the pleadings in the plaint on the assumption that the plaintiff had averred that "he is a tenant" whereas the averment of the plaintiff was that he was a tenant and now deemed owner by virtue of Fifth Amendment to the said Act. On merits, the defendants denied that the suit field was an agricultural property and also that the same was leased to the plaintiff in the year 1956.

(3.) ON the pleadings of the parties, a number of Issues were framed, but amongst them, the following Issues are material for the purpose of dealing with the revision in question. The said Issues are :