MRS. BERNADETTE MARIA C. MASCARENHAS Vs. MR. KANTA N. MORAJKAR
LAWS(BOM)-2017-2-286
HIGH COURT OF BOMBAY
Decided on February 20,2017

Mrs. Bernadette Maria C. Mascarenhas Appellant
VERSUS
Mr. Kanta N. Morajkar Respondents

JUDGEMENT

C. V. Bhadang, J. - (1.) Rule, made returnable forthwith. The learned counsel for the respondent nos. 1, 3 and 4 waive service. Heard finally by consent of parties.
(2.) The petitioners are challenging the judgment and order dated 5/11/2015 passed by the learned Adhoc District Judge-I (FTC) at Panaji in Tenancy Revision Application no.6/2014 by which, the order passed by the learned Deputy Collector, Mapusa, has been confirmed. The learned Deputy Collector by his order dated 26/6/2014 had set aside the order of the learned Mamlatdar, consequently upholding the preliminary objection raised on behalf of the respondent no.1 to the maintainability of the application under section 7 of the Goa, Daman and Diu Agricultural Tenancy Act 1964 (Tenancy Act for short).
(3.) The brief facts necessary for the disposal of the petition may be states thus- That Maria Bernadeth, the respondent no.2 (since deceased) had instituted Regular Civil Suit no.93/1992 against the respondent no.1 and his wife Mrs. Sunanda Morjakar. That was in respect of field survey no.429/10 of village Anjuna Bardez-Goa. The case made out by now deceased Bernadeth was that the said field was a rocky land meant for cultivation for any paddy or allied crop. It was contended that her mother-in-law used to cultivate the suit field on experimental basis which was unsuccessful. It was the material case that during the survey, the name of the respondent no.1 was wrongly entered in the tenant's column of Form No. I and XIV of the said field and that was without the knowledge of the respondent no.1 Mrs Bernadeth. The suit was filed for a declaration that the respondent no.1 and his wife Sunanda have no right, tittle or interest in the suit field and the respondent no.2, Mrs. Bernadette, is the owner and is in possession of the suit field. The respondent no.2 (since deceased) also sought a direction to the survey authorities to delete the name of the respondent no.1, Kanta Morajkar from the tenant's column.;


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