PREMANAND NAIK Vs. FABRICA DE MANDUR CHURCH
HIGH COURT OF BOMBAY
Fabrica De Mandur Church
Click here to view full judgement.
Dama Seshadri Naidu, J. -
A charitable society-a Church-owns some property, a cashew grove. One person was believed to be a tenant; after him, his wife continued to be so. But the Church contends that they were buying the produce and nothing more. They died childless. The petitioner claims to be their adopted son; he set up the tenancy on himself, both as their successor and on his own right. The Primary Authority believed his claim and allowed his application. But the Appellate Authority and the Revisional Authority disbelieved. They reversed the Primary Authority's findings. So this Writ Petition.
(2.) Facts:. Has the petitioner established any grounds for this Court to interfere under Article 227 of the Constitution with, what seems to be, concurrent findings of facts?
(3.) Petitioner Premanand Naik claims to be a tenant; the respondent is a charitable society-a church. The Church owns 61,550 sq. meters of cashew grove in Dongri Village. As a matter of history, the state of Goa was under Portuguese rule until 1961, when it was liberated. According to Premanand, in 1955, before liberation, his adoptive father Putu Bozo Naik leased the cashew grove from the Church. As Bozo Naik was without children, he adopted Premanand, his cousin's son, in July 1959.
Two New Pleas:
(a) A Rent Receipt:;
Copyright © Regent Computronics Pvt.Ltd.