M.R.SHAH,J. - (1.) Leave granted.
(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.05.2016 passed by the High Court of Judicature at Bombay, Bench at Goa in Appeal from Order No. 39/2015, by which the High Court has dismissed the said Appeal from Order and has confirmed the order dated 02.06.2015 passed by the learned IIIrd Additional Adhoc Senior Civil Judge, Margao in the Inventory Proceedings by the original Inveterate and other parties, the original appellants before the High Court have preferred the present appeal.
(3.) The facts leading to the present appeal in nutshell are as under: At the outset it is required to be noted that the lease premises' was of a partnership firm in the name and style "Ramnath Anant Kesarkar" at Margao. That appellant no. 1 and respondent nos. 1 & 3 herein are the sisters and brother. The parents of the parties (appellant no. 1 and respondent nos. 1 & 3 herein), namely, Late Sadanand V. Marathe and his wife Late Nirmalabai S. Marathe succeeded to the lease premises in terms of Deed of Partition dated 29.03.1976, registered in the office of the Sub-Registrar of Salcete at Margao, Goa. The said premises was of a partnership firm in the name and style "Ramnath Anant Kesarkar" having business carried out in the tenanted premises belonging to one Jairam Vasant Katkar at Margao. That the father Sadanand V. Marathe died on 12.05.1985. That the mother Niarmalabai S. Marathe died on 05.05.1998. Thus, the parents of the parties i.e., Late Sadanand V. Marathe and his wife Late Niarmalabai S. Marathe since deceased passed away on 12.05.1985 and 05.05.1998 respectively. That after the demiseof the parents, respondent no. 1 - brother of appellant no. 1 and son of Late Sadanand V.Marathe and Late Nirmalabai S. Marathe filed Regular Inventory Proceedings No. 11/2013/C dated 08.11.2013. That the Court appointed respondent no.1 as the head of the family/Cabeca de Casal to administer the estate left by the deceased, during the pendency of the said proceedings and also appointed a court valuer for valuing and determining the extent of properties stated in the inventory proceedings. The valuer appointed by the court submitted its report to the court on 30.04.2014. The appellants herein filed objections to the valuation report, inter alia, pointing out that there are certain infirmities regarding the enlisted plots, survey nos. and also ambiguous narration of the area and the amended list of assets. As a result of the said objections, respondent no. 1 filed a revised list of assets in the inventory proceedings on 16.10.2014. The appellants herein filed their objections/reply to the revised list of assets. The main objection on behalf of the appellants was non-inclusion of the 'lease premises' in the inventory proceedings/list of assets. Respondent no. 1 filed reply to the objections of the appellants. It was submitted on behalf of respondent no. 1 that the partnership firm does not form part of the estate of thedeceased as married daughters are not entitled to the tenanted premises. 3.1 That by order dated 02.06.2015, the learned Civil Judge at Margao (hereinafter referred to as the 'Inventory Court') dismissed the objections of the appellants for correcting the area of the said property and also denied enlisting of the said tenanted premises to the estate of the deceased. 3.2 Aggrieved with the order passed by the learned Inventory Court dated 02.06.2015, the appellants filed an appeal before the High Court being Appeal from Order No. 39/2015. That by the impugned judgment and order, the High Court of Bombay at Goa has dismissed the appeal preferred by the appellants. From the impugned judgment and order passed by the High Court, it appears that the High Court has mainly relied upon Section 2(o) of the Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as the 'Goa Rent Act'), and relying upon the aforesaid provision of the Goa Rent Act, the High Court has held that the married daughter would not qualify as a tenant in terms of the Goa Rent Act. The High Court also examined and considered Decree No. 43525 of the Portuguese Civil Code and observed and held that inview of Section 59 of the Goa Rent Act and the repeal provision, Decree No. 43525 of Portuguese Civil Code shall stand repealed and the parties shall be governed by the provisions of the Goa Rent Act only. 3.3 Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court and dismissing the Appeal from Order and confirming the order passed by the learned Inventory Court holding that being a married daughter, appellant no. 1 has no right in the "lease premises" and therefore the same cannot be subjected to the inventory proceedings, the appellants -original petitioners - objectors have preferred the present appeal. 3.4 This Court issued notice in the special leave petition vide order dated 08.07.2016. That during the pendency of the present appeal, the Inventory Court has pronounced the final order and has drawn the final chart of partition in Regular Inventory Proceeding No. 11/2013/C vide final order dated 31.07.2017, excluding the "lease premises" which is the subject matter of present appeal. ;