YESHWANT ALIAS VASSANT Vs. SEBASTIAO OLIVEIRA

JUDGEMENT

(1.) HEARD.

(2.) THIS Writ Petition is directed against an Order passed by the Trial Court in Civil Suit no. 30/94/b dated 26. 09. 2000 refering the tenancy issue framed to the Mamlatdar for its adjudication.

(3.) PERUSAL of the plaint reveals that the plaintiffs have sought declaration that they are the owners in possession of suit property bearing Survey nos. 102/23, 24, 25 and 26 of Village Cotombi of Taluka, quepem. A further prayer is made for mandatory injunction for demolition and removal of the illegally constructed suit house and for removal of laterite stones, etc. Yet again, reference is made to the above Survey numbers. The next prayer is for permanent injunction against the defendants, their agents and servants, family members and/or relations for being restrained from extending or further constructing and trespassing and/or re-constructing the suit house and encroaching further in the suit property. In the Written statement, the defendants claim that they are agricultural tenants and have a dwelling house in the suit property. On the basis of the tenancy right, a further plea is raised about want of jurisdiction in the Civil Court to try the issue touching the tenancy. The Trial Court framed the following issue :