Heard. Rule. By consent heard forthwith.

2. This is a defendants' writ petition and is directed against order dated 21/7/2009 of the Learned Civil Judge, Junior Division at Panaji in R.C.S No.50/2006/C by which the defendants' application dated 10/06/2008 has been dismissed. By the said application the defendants had prayed for framing of two issues namely of mundkarship and tenancy and referring them to the Mamlatdar, for his decision.

3. Some facts in brief are required to be stated to dispose of this writ petition.

4. The suit property admeasuring about 5725 sq.mts. initially belonged to Ganesh and Vimlabai Naik, which is surveyed under survey no.146/3. The said Vimlabai had constructed a farm house admeasuring about 110 sq.mts. having two compartments in the year 1977 and also installed a water pump for the purpose of watering the plantation. According to the Plaintiffs, the Defendant no.1 in the year 1978 was an employee of Bhagwan Navelkar of Sta. Cruz and the said Bhagwan Navelkar was a close friend and relation of said Ganesh Naik and while in the employment of the said Navelkar, defendant no.1 was evicted from his house at Aradi, Sta. Cruz, and the said Navelkar a