SATYAWATI SHIRODKAR Vs. AVINASH KAMAT DHAKANKAR

JUDGEMENT

(1.) This petition takes exception to the order of the Administrative Tribunal dated 20.08.2003 by which order the Mundkar Revision Application No. 101/2002 filed by the petitioner came to be dismissed.

(2.) The controversy in the present petition lies in a narrow compass. The respondents herein filed an application before the Joint Mamlatdar, Tiswadi, Panaji for a declaration that the petitioner and the respondent No. 3 are not the mundkars of the suit house and for eviction of the petitioner and the respondent No. 3 from the suit house in the event, the Court comes to a conclusion that the petitioner or one of them is the mundkar of the suit house under Section 12 of the Mundkar Act 1975. In the said application, the petitioner filed an application raising a preliminary objection as regards the jurisdiction of the Mamlatdar to issue the said negative declaration as also the jurisdiction of the Mamlatdar to evict her under the Mundkar Act unless the applicants specifically admit that the respondents are the mundkars of the suit house. The said preliminary objection was considered and the Mamlatdar by order dated 04.07.2000 held that he had the jurisdiction to issue a negative declaration as sought by the applicants and by observing that the petitioner herein was seeking adjournment on one ground or the other, closed the evidence of the petitioner in the said case.

(3.) The petitioner aggrieved by the order passed by the Mamlatdar dated 04.07.2000 filed an appeal before the Deputy Collector and SDO, Panaji. The said Authority confirmed the findings of the Mamlatdar in so far as the issue No. 1 is concerned i.e. as regards the jurisdiction of the Mamlatdar to issue a negative declaration. But in so far as the second issue is concerned has observed as follows in the second last paragraph of the said order: