JOSEPHA FERNANDES Vs. AULIO JOAQUIM VAZ

JUDGEMENT

(1.) THIS writ petition under Articles 226 and 227 of the Constitution of India challenges the judgment of the Administrative Tribunal dated 23rd June, 1989 passed in Munkdar Revision Application No. 23 of 1986.

(2.) BY the aforesaid judgment the Tribunal has upheld the judgment and the order of the Additional Collector of North Goa, Panaji, dated 9th October, 1986 in Case No. MUND/ac/apl/65/84 which in appeal has reversed the judgment of the Mamlatdar dated 30-3-1994 declaring the petitioner as a Mundkar in respect of the dwelling house wherein she is staying and restraining the respondents Nos. 1 and 2 along with their family members, agents, servants, labourers and representatives from interfering in the petitioners dwelling house.

(3.) THE case of the petitioner is that she is staying as a Mundkar in the property belonging to the respondents and situated at Borda, Margao. The petitioner along with her husband, who died some two years prior to the filing of the application to the Mamlatdar, were formerly residing in the same property of the respondents in another house situated at a distance of about 20 to 25 metres from the presently existing one, for more than 35 years as Mundkars. The petitioner, her children and one aunty shifted to the new house as Mundkars since 1964 because the respondents/landlords demolished the former house and allowed the petitioner and her late husband to construct the present house for which the respondents spent half of the cost of the construction. The present dwelling house of the petitioner comprises the residential house, one pigsty, a bathroom covered with palm leaves and mud base which the petitioner and her family members are using and enjoying without any obstruction from the respondents. To the rear side of the house there is a banana plantation, pineapple growth, one papaiya tree and one anter tree which trees are being enjoyed by the petitioner and her family members peacefully without any interference on the part of the respondents. However, on 29th July, 1978, the respondents Nos. 1 and 2 along with some labourers and at the instructions of the late opponent No. 1 in the application came to the residential house of the petitioner and destroyed the entire plantation causing to her a loss of about Rs. 600/- to Rs. 700/ -. On the said occasion they threatened the petitioner that they would demolish the dwelling house. A criminal complaint was lodged against the respondents at the Margao Police Station which was treated by the police as N. C. complaint. Therefore, she moved an application to the Mamlatdar praying that she be declared as mundkar of the house and the respondents be injuncted from dispossessing her from the dwelling house and restrained from demolishing the same.