JUDGMENT -R.M.S. KHANDEPARKAR, J.:---The substantial question of law which is sought to be raised in this second appeal is that can a Civil Court entertain the suit filed by a mundkar against another mundkar from the same property making grievance of extension of the house by the another to be an encroachment over the dwelling house of the former by the latter in contravention of the provisions of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter called as "the Mundkar Act") and grant the relief of injunction, either mandatory or permanent?

2.The facts, in brief, relevant for the decision are that the appellant claiming to be a mundkar in respect of a house situated in a property bearing Survey No. 36/7 in the village of Sanvordem, filed a civil suit for mandatory injunction against the respondents for demolition of a structure stated to have been erected by the respondents at a distance of 2 metres from the house of the appellant and, therefore, complaining of violation of mundkarial rights of the appellants. According to the appellant, he being the mundkar is entitled for five metres of land around the outer wall of the house in terms of the definition

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