ORDER

The plaintiffs are the appellants in this appeal. On January 18, 1967 the original plaintiff No. 1 executed a deed of lease for a period of six years in favour of the defendant-Respondent No. 1 herein (hereinafter referred to as the Respondent) in respect of the lands in question containing coconut trees. On May 5, 1972 notice of termination of the lease was given by the aforesaid plaintiff. There is no dispute that the lease expired in January, 1973. On October 10, 1973 the plaintiffs filed a suit for eviction of the defendant. During the pendency of the said suit amendments were introduced in the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (hereinafter referred to as the Act). The amendments were introduced by the Fifth Amendment Act which came into force with effect from April 20, 1976. The Trial Court decreed the suit which decree was affirmed by the Court of Appeal. However, the High Court on appeal filed by the defendant-respondent set aside the said decree saying that Civil Court had not jurisdiction to entertain the suit after coming into force of the Fifth Amendment Act.

2. It may be mentioned that by the Amending Act aforesaid in Section 2(1A) new definition of