Judgment :-

Tarun Chatterjee, J.

1. This appeal is directed against the judgment and order dated 26th of June, 2000 of the Division Bench of the High Court of Bombay at Panaji in Letters Patent Appeal No.9 of 1999 whereby the appeal was dismissed by the High Court based on the decision passed in Letters Patent Appeal No.44 of 1998 decided on 13th of June, 2000.

2. Therelevant facts leading to the present appeal are as follows:

The appellant is the owner of a property called VAGAD, survey No. 131, sub-division No. 33 and 37 situated at Paliem, Taluka Pernem, Goa, (hereinafter referred to as "the disputed property"). Three persons namely Vassu, Shankar and Bhiva were recorded as tenants in respect of the disputed property in 1972 and the present respondents are their heirs and legal representatives. The appellant applied before the Court of Mamlatdar at Pernem, for a declaration that the respondents were not tenants of the disputed property within the meaning of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (in short "Goa Tenancy Act). The Mamlatdar, after a detailed enquiry into the facts, passed an order on 28th of October 1986 granting the aforesaid declaration in respect o