SITARAM VITHAL NAIK Vs. PRECIOSO SEQUERIA

JUDGEMENT

(1.) The respondents had filed a suit for possession of coconut grove, mesne profits at the rate of Rs. 400/- per year and for recovery of rent of Rs. 400/- for the year 1975. The case of the respondents, in brief, is that they are the owners of property "Azarmaikachi Bati" which is surveyed under No. 48/2. In the said property there is a coconut grove of which the petitioner was tenant on payment of rent of Rs. 400/- per year. The lease was from year to year and the last renewal of the said lease took place on 1st January, 1975 which ended on 31st December, 1975. The respondents gave notice to the petitioner terminating the said lease of the coconut grove and hand over possession of the same on 1st January, 1976. The possession was not delivered and the suit was filed.

(2.) The case of the petitioner, on the other hand, is that he has become deemed purchaser of the said coconut grove on the tiller's day under Section 18A of the Goa, Daman and Diu Agricultural Tenancy 5th Amendment Act 1976 (hereinafter referred as 5th Amendment Act). He claimed that he was lawful tenant and his tenancy was not terminated and could not be terminated.

(3.) On 25th July, 1974 respondents filed an application that since the petitioner had claimed to be tenant of the suit property, issue of tenancy be referred to the Mamlatdar. The petitioner filed reply dated 21.11.94 and besides that he also filed an application for dismissal of the suit which is also dated 21.11.94. The contents of both the said applications are same, wherein it is contended that by virtue of 5th Amendment, the petitioner has become deemed owner and the suit is liable to be dismissed. Civil Judge J.D., Mapusa passed the following order and after framing the tenancy issue, referred the said issue to the Mamlatdar :