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 approached the said Ganesh Naik to allow the defendant no.1 to occupy part of the house temporarily, till he got alternate accommodation, and, accordingly, the defendant no.1 was allowed to occupy a portion of the house on payment of monthly compensation of Rs.50/-, for allowing to use the said portion of the farm house and at that time the defendant along with his mother entered the said portion in the month of May 1978 and started paying monthly compensation of Rs.50/- to the said Ganesh Naik, which he paid up to December, 1984 till the death of said Ganesh Naik and thereafter stopped paying the same.

5. The Plaintiffs further stated that it was the western portion of the farm house which was given to defendant no.1 and the eastern portion was being used by the said Ganesh and Vimlabai as their summer resort and also to stay therein whenever they did plantation in the said property. The Plaintiffs further stated that they used the farm house up to the year 1979 and thereafter some plastic goods and materials were stored in the eastern portion of the said farm house of M/s. Kaushik Traders, a business firm of Shri Dinesh Naik and Shri Umesh Naik, sons of Smt. Vimlabai and Ganesh Naik, as all of a sudden they had to vacate the godown used by M/s. Kaushik Traders. It was further the case of the plaintiffs that one Mohan Bhat, an employee of the firm M/s. Casa Naik who was residing with Shri Ganesh Naik and Smt. Vimlabai got married in May 1980 and thereafter the said Mohan Bhat, the employee of M/s Casa Naik in which his two sons Shri Dinesh and Shri Umesh were also the partners was accommodated in the said eastern portion and the plastic material of M/s. Kaushik Traders were stored in the rented premises of Bhagwan Navelkar.

The Plaintiffs further stated that the said Mohan Bhat got married in the year 1980 and the said Ganesh Naik accommodated him in the portion of the suit house which was earlier being used by Ganesh Naik as summer resort and for doing plantation and the said Ganesh Naik converted the verandas of the suit house into rooms on both eastern and western sides, as accommodation given to Mohan Bhat was insufficient and that defendant no.1 also requested Ganesh Naik to convert the verandah of the portion he is occupying into rooms. It was also the case of the plaintiffs that the defendant no.1 in or about May 2003 extended the suit house, the western portion, covering an area of 78.07 sq.mtrs. illegally and unauthorizedly without knowledge and the consent of the said Dinesh Naik and plaintiff no.1. The Plaintiffs therefore filed the suit for eviction of the defendants, for licence fees, restricting their claim, of licence fees only for a period of 3 years and for demolition of the encroachment made by the defendants.

6. The defendants con