AGNELA FIGUEIRA Vs. VASSANT KRISHNA PALYEKAR

JUDGEMENT

(1.) The learned Single Judge of this Court has by the impugned Judgment and order set aside the order passed by the Administrative Tribunal Goa in Mundkar Revision Applications filed by the Respondents and directed that the application filed by the Respondents under Section 8A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 be decided expeditiously. By this Letter Patent Appeal, the Appellant has sought to question the correction of the decision of the learned Single Judge.

(2.) The Administrative Tribunal had held against the Respondents on the ground that once a finding that the Respondents is not a mundkar was rendered against the Respondents in the proceedings under Section 29 of the Act, the Respondent is barred from filing an application under Section 8A of the Act.

(3.) The predecessor of the Respondents had filed an application for registration as mundkar before the Mamlatdar, Bardez, Mapusa. The Respondent appeared before the Mamlatdar and informed that the predecessor had expired in the year 1980. The Mamlatdar passed an order that the application stood abated for failure to bring the legal heirs on record. The widow and mother of the Respondent filed an application for registration as mundkar. By order dated 29 December 1992, the Mamlatdar held that she was not a mundkar, but a care taker of the dwelling house and dismissed the application for registration. An appeal was filed before the Collector. The appeal was dismissed by Judgment and order dated 24 September 1996. The revision application filed before the Tribunal was dismissed by the Administrative Tribunal so also a Writ Petition by this Court on 20 April 2001. The Appellant filed Special Civil Suit no.248/1998 in the Court of Civil Judge, Senior Division Mapusa for eviction against the heirs of the original Appellant as well as the respondents. The suit was decreed on 9 November 2001. The Respondent filed an application before the Mamlatdar of Bardez at Mapusa under Section 8A of the Act for declaration in their favour of mundkarial rights in respect of house bearing Nos.42/2(old) and 268(new).