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1994 Supreme(Bom) 219

E.S.DA SILVA
John Fernandes, since deceased, through legal representatives and another – Appellant
Versus
Joint Mamlatdar of Salcete, Margao, Goa and others – Respondent


JUDGMENT - Dr. E.S. DA SILVA, J.:--This writ petition which challenges the judgment and order of the Administrative Tribunal dated 13th September, 1988, can be disposed of by a short judgement since the point involved is a clear point of law and has been already concluded by a recent judgement of a Division Bench of this Court.

2. The orginal late petitioner No. 1 was the son of late Joao Anthonio Fernandes who died in 1958. He was the owner of a paddy field and after his death he left as his heirs the late petitioner No. 1 and his brother Carlito Fernandes. Upon the death of Joao, inventory proceedings were instituted in 1959 wherein the said Carlito was appointed as Cabeca de Casal (Head of the estate). The paddy field was being cultivated by late Joao during his lifetime, but during the inventory proceedings, the same started being cultivated by Carlito as Cabeca de Casal. The inventory proceedings were completed somewhere in December, 1980 and the paddy field was allotted to the late petitioner No.1 John. It seems that on 4.4.81 the respondent No. 4 made an application to the Mamlatdar under sections 7 and 8A of the Tenancy Act, praying that she be declared tenant in respect of





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