SAVITA BANDODKAR Vs. EDMUNDO RODRIGUES

JUDGEMENT

(1.) BY the present petition the petitioners challenge the orders passed by the respondents 4 and 5 rejecting the claim of the petitioners for mundkarship in respect of house No. 932 situated at Benaulim Accona, Salcete, Goa by impugned orders dated 11th August, 1988 and 18th April, 1995 respectively.

(2.) THE facts in brief are that the respondents 1 and 2 herein and Smt. Elvita Rosita Ozario Rodrigues, Shri Iraquinho Rodrigues and Smt. Prazy C. odrigues filed a suit against the petitioners for their eviction from the suit house being Regular Civil Suit No. 29/83 in the Civil Court at Margao wherein the petitioners in their written statement claimed to be the mundkars in respect of the said suit house. It was the case of the said respondents that they are the owners of the suit house which is situated in the property belonging to the respondent No. 3 herein. On account of issue of mundkarship being raised by the petitioners, the same was referred to the Mamlatdar of Salcete, respondent No. 4 herein for his decision in terms of section 32 of the Goa, Daman and Diu Mundkars (Protection and Eviction) Act, 1975 (hereinafter referred to as the said Act ).

(3.) THE Mamlatdar issued notice to the respondents excluding respondent No. 3 and, therefore, the petitioners herein by their application dated 15th November, 1985, prayed for necessary notice to the respondent No. 3 on the ground that inspite of the fact that respondent No. 3 is undisputedly the owner of the property, it had not been joined as party to the proceedings before the Mamlatdar and no notice has been issued to the respondent No. 3. Before taking any decision on the said application the Mamlatdar, respondent No. 4 herein, issued notice of the said application to the respondent No. 3 herein, who objected to the said application being granted on the ground that the said Act does not apply to the respondent No. 3 in view of judgment dated 13th June, 1984, passed by the Additional Collector of Goa in the appeal filed by one Shri Harichandra Vassu Gaude v. Shri Manghesh Devalaya. The Mamlatdar, the respondent No. 4 herein upon hearing the parties on the said application dismissed the same by the impugned order dated 11th August, 1988 and the revision application preferred against the same by the petitioners was rejected by the Additional Collector, South Goa, the respondent No. 5 herein by his order dated 18th April, 1995 on the basis of the said earlier order of the Additional Collector in the matter of Shri Harichandra Vassu Gaude v. Shri Manghesh Devalaya.