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1993 Supreme(Bom) 15

M.L.PENDSE, G.D.KAMAT
Gulabi Sangtu Devidas and others – Appellant
Versus
Prema Govinda Gauncar and others – Respondent


JUDGMENT- M.L. PENDSE, J:--An interesting question as to whether the proceedings under section 8-A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter referred to as 'the Act') are maintainable after an order is passed by Mamlatdar under section 29 of the Act rejecting the application for being entered as munkdar in the register of mundkars arises for determination in this Letters Patent Appeal. The facts giving rise to the filing of the appeal are not in dispute and are required to be briefly stated to appreciate the issue which falls for determination.

2. Late Sangtu filed application dated June 21, 1978 in the Court of Joint Mamlatdar of Canacona Taluka for entering his name as mundkar in the register to be maintained under section 29 of the Act. The application was dismissed by Mamlatdar by Order dated February 27, 1982 on the ground that the house is not registered in his name in the records of the Village Panchayat. Said Sangtu sought declaration in respect of house situated in the property known as Panna and registered in the Village Panchayat records under No. 101. He did not prefer appeal against the order of the Mamlatdar as prescribed u











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