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1973 Supreme(Goa) 18

TITO MENEZES
Sanvlo Fatu Dabalo and another – Appellant
Versus
Shivram Laxman Korgaonkar and another – Respondent


Advocates Appeared:
A. J. Kenkare with S. K. Kakodkar, for Petitioners, P. K. Patkar, for Respondents.

Judgement

ORDER :- This revision is directed against the judgment and order of the District Judge dated 31-7-72 dismissing the appeal of the petitioners/plaintiffs. The plaintiffs alleged that they are the tenants in respect of the suit land named "Gorbat". They filed a suit to restrain the respondents/defendants from interfering in "any manner with the suit land. An application for a temporary injunction in terms of the main prayer in the suit was also filed by the plaintiffs. The defendants contested the suit on the ground that they were the tenants of the western part of the suit land since the time the previous landlady sold the land to the present landlady without giving them notice under the Goa, Daman and Diu Agricultural Tenancy Act, 1964, hereinafter called "the Act" and that "the Act" does not make an exception between disputes arising between a landlord and a tenant and two tenants. The learned trial Judge dismissed the application for temporary injunction and gave liberty to the plaintiffs to obtain a declaration from the Mamlatdar to the effect that they were tenants of the entire "Gorbat" and thereafter to file a fresh application for temporary injunction under Order X











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