- (1.) The challenge in this appeal is to the judgment and order dated 09.07.2009 passed by the learned District Judge at Mapusa in Regular Civil Appeal No. 24/2009. By the impugned judgment, the appeal filed by the respondent has been allowed and Regular Civil Suit No. 2/2004/D filed by the appellant has been remanded to the Trial Court.
(2.) The brief facts are that the appellant filed the aforesaid suit for mandatory and prohibitory injunction in respect of land admeasuring 2,425 square meters surveyed under no. 96/3 of village Pomburpa. The case made out in the plaint is that the appellant is the owner of the suit property, which is in his possession.
(3.) The respondent contested the suit. It was inter alia contended that the defendant-Vasant Parab is a protected tenant of the land under the Tenancy Act and has to be considered as a deemed owner.;