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2021 Supreme(Bom) 98

M.S.SONAK
Valentino Cardozo – Appellant
Versus
Shree Mallikarjun Devasthan of Canacona Shristhal, Canacona, Goa, Represented by its Attorney Rama G. Desai – Respondent


Advocates Appeared:
For the Petitioners:C.A. Coutinho, Advocate
For the Respondent:Sudin M.S. Usgaonkar, Senior Advocate with Vinita Palyekar, Advocate

JUDGMENT :

1. Heard Mr. C.A. Coutinho for the petitioners and Mr. Sudin Usgaonkar, the learned Senior Advocate with Ms. Vinita Palyekar for the respondents.

2. The challenge, in this Petition is to the Judgment and Order dated 29/12/2010, made by the Administrative Tribunal, Goa (Tribunal), allowing Tenancy Revision Application No.5/2008, instituted by the respondent and setting aside the Judgment and Order dated 24/1/2008, made by the Deputy Collector, Quepem in Appeal No.TNC/APPL/15/2005, declaring the petitioners as “tenants” in respect of the suit property under the provisions of the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (said Act) and the Rules made thereunder.

3. There is no dispute that the petitioners are the legal representatives of Diogo Piedade Cardozo. On 4th October, 2000, the petitioners filed an application before the Joint Mamlatdar of Canacona, which was numbered as Case No. TNC/JT.MAM/NAPA/3/2000, seeking a declaration that they are the tenants of a paddy field known as “Qurem”, surveyed under No.180/6 of Village Nagarcem-Palolem, Taluka Canacona, admeasuring an area of 6675 sq. metres or thereabouts (suit property).

4. The Joint Mamlatdar, vide order dat

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