F.M. Reis, J.

Both the above Writ Petitions were taken up for consideration in terms of Rule 7 Chapter 1 of the Appellate Side Rules of 1960 and the subsequent directions of the Hon'ble Chief Justice, to place the matter before the Division Bench.

2. We have heard Shri S. D. Lotlikar, learned Senior Counsel appearing for the Petitioners in Writ Petition no. 266 of 2008 and Shri J. P. Mulgaonkar, learned Counsel appearing for the Petitioner in Writ Petition no. 457 of 2010 as well as Shri Sudin Usgaonkar, learned Counsel appearing for the Respondents in Writ Petition no. 457 of 2010 and Shri C,. A. Coutinho, learned Counsel appearing for the Respondent in Writ Petition no. 266 of 2008.

3. We have heard the above Petition only to decide the issue regarding the extent of heritability of a right of a mundkar in a dwelling house in terms of Section 3 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, (hereinafter referred to as 'the said Act of 1975').

4. Shri S. D. Lotlikar, learned Senior Counsel appearing for the said Petitioners, has submitted before us that a Mundkar is defined under Section 2(p) of the said Act of 1975 wherein, he also includes a member