1. Heard Shri S.D. Lotlikar, learned Senior Counsel appearing for the appellants and Shri M.B. Da Costa, learned Senior Counsel appearing for the respondents.

2. The above appeal came to be admitted on 20th July, 2007, on the following substantial questions of law:

(A) Whether in view of the case set up by the plaintiff that he was residing in the property under Survey No.160/3 over which he was claiming a right of access as a Mundkar, Civil Court had no jurisdiction to entertain his suit in view of the provision of Section 6 r/w Section 32(1) of the Goa Mundkars (Protection from Eviction) Act, 1975?

(B) Whether in view of the claim of the respondents themselves that they were residing in the property under Survey No. 160/3 as Mundkars, they could claim an easement by way of prescription over the property surveyed under No.160/3 in which they resided and the property under Survey No. 160/2 which until the year 1972 formed a part of one and the same property?

3. Shri S.D. Lotlikar, learned Senior Counsel appearing for the appellants has pointed out that the whole property is surveyed under No.160/3 of Village Taleigao, wherein the appellants are owning a plot of land which was p