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2012 Supreme(Bom) 1969

F.M.REIS
Vassant Krishna Palyekar – Appellant
Versus
Agnela Figueira – Respondent


Advocates appeared:
Mr. J.P. MULGAONKAR, Advocate for the petitioners.
Mr. C.A. FERREIRA, Advocate for the respondents.

JUDGMENT

1. Heard Shri J.P. Mulgaonkar, learned Counsel appearing for the petitioners and Shri C. A. Ferreira, learned counsel appearing for the respondents.

2. The above petition challenges the common judgment and order dated 05.09.2006 passed by the learned Administrative Tribunal dismissing the Mundkar Revision Application Nos.21/2005 and 22/2005 filed by the petitioners and judgment and order dated 27.04.2005 passed by the learned Dy. Collector of Bardez in case No. DC/MND/MAP/REV/61/2002 and case No. MND/MAP/APL/REV/58/02, THE whereby the order of the Joint Mamlatdar dated 30.09.2002 rejecting the preliminary objections raised by the respondents to the application for declaration under Section 8A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 hereinafter referred to as "the said Mundkar Act" was set aside.

3. Briefly the facts of the case are that late Krishna Palyekar filed an application for registration as Mundkar before the Mamlatdar of Bardez, at Mapusa bearing case No. MND/GUIRIM/371/87. On receipt of the notice, the petitioner no. 1 appeared before the learned Mamlatdar and informed that the said Krishna Palyekar has expired in the year 1980. The





















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