NARMADAN D. BORKAR Vs. SURENDRA NARCINVA BONDRE

JUDGEMENT

(1.) THIS Revision Application arises from Order dated 23rd October, 1997 passed in Regular Civil Suit No. 98 of 1973 by the Civil Judge, Senior Division, Margao. By the impugned Order, the Trial Court has dismissed the application for amendment filed by the Petitioners.

(2.) BY an application dated 5th March, 1997, the Petitioners, who are the Defendants in the said civil suit, sought to amend the written statement by introducing the following pleadings: With still further reference to the plaint as a whole, these defendants claim mundkarship in respect of the suit premises in terms of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 as defined under Clause 'p' of Section 2 of the said Act. The defendants further submit that the suit is liable to be transferred to the Mamlatdar of Selected in terms of Section 13 of the said Act.

(3.) THE Trial Court has rejected the proposed amendment by the impugned Order on two grounds, firstly, on the ground that the issue regarding the claim of mundkarship raised by the Petitioners has already been decided in terms of the provisions contained in the Goa, Daman and Diu (Protection from Eviction of Mundkars, Agricultural Labourers and Village Artisans) Act, 1971 (hereinafter called as 'the Act of 1971'); and secondly, that the provisions of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter called 'the said Act') are not applicable as the eviction proceedings were filed in the year 1973 prior to the enforcement of the said Act.