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1997 Supreme(Bom) 618

R.M.LODHA, R.K.BATTA
Maria Eliza Marques – Appellant
Versus
Madhukar M. Moraskar and others – Respondent


Judgment

R.M. LODHA, J.:---The group of eight writ petitions was taken up together for hearing and is disposed of by this common judgment since in all the writ petitions the petitioners have challenged the constitutionality of Goa, Daman and Diu Mundkars (Protection from Eviction) (Amendment) Act, 1985, whereby section 2(i) of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 has been amended.

2.We propose to take the common question relating to constitutional validity of Goa, Daman and Diu Mundkars (Protection from Eviction) (Amendment) Act, 1985 (for short 'Amendment Act') first.

3.Some aspects of tradition and modern trends of the society in Goa have been dealt with by Mr. S.R. Phal in his book "Society in Goa". Chapter 3 in the said book deals with the Mundkars of Goa. According to the author, Mundkar is a Konkani term applied to a person in Goa who resides in a house built in the property of landlord, for watching and protecting the property of the landlord. The house is either provided by the landlord himself or the Mundkar is given consent by the landlord to build a house in his property. The term "Mundd" means that the landlord would grant a loan free from any







































































































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