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1994 Supreme(Bom) 634

T.K.CHANDRASHEKHARA DAS
Gabriel de Sa – Appellant
Versus
Babuso Pednekar and others – Respondent


JUDGEMENT - T.K. CHANDRASHEKHARA DAS, J.:---The short question that arises in this writ petition is as to whether the order passed by the appellate and revisional authorities declaring that the respondent No. 1 is a mundkar in respect of the disputed house and that he is entitled to the benefit under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter called the Act). As is discernible from the preamble of the Act the sole purpose of bringing such an enactment is to protect the mundkar against eviction from the dwelling house and from granting him the right to purchase the same and also to abolish the system of free services rendered by mundkars. The provisions of an enactment whenever certain difficulties arise for understanding and interpreting the same, emphasis should be to its objects that are to be achieved. In this case provisions should be interpreted in favour of the mundkars.

2. Now coming to the facts emerge in this case. It has been established before the authorities below that the petitioner has been residing in the disputed house even before 12th March, 1975, the relevant date to be reckoned for the purpose of maintaining an applicat













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