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1999 Supreme(Bom) 221

R.M.S.KHANDEPARKAR
Sukdo Ladko Naik since deceased through his heirs – Appellant
Versus
Navso Bombdo Gawde and others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---By the present petition, the petitioners seek to challenge the proceedings initiated by the respondent No. 1 under Goa, Daman and Diu Agricultural Tenancy Act, 1964, hereinafter called as "the said Act" seeking declaration of tenancy rights under the said Act on the ground that at the relevant time, the authorities acting under the said Act had no jurisdiction to decide whether the petitioner "was" a tenant. It is the contention of the petitioner that considering the fact that the respondent No. 1 had been claiming to be a tenant since forty years prior to the filing of the application and that the persons who were tenants prior to the appointed day had ceased to be the tenants consequent to they being declared as the deemed purchasers under Vth Amendment to the said Act, the judgments of the respondent Nos. 3 to 5 in respect of declaration of tenancy rights of the respondent No. 1 are illegal and bad in law.

2. The facts in brief are that the respondent No. 1 filed an application on 8th July, 1985 before the respondent No. 3 claiming to be the tenant for a period of forty years in respect of the suit property bearing Survey No. 112/1 of vill

















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