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HIGH COURT OF BOMBAY
BHARAT P. DESHPANDE, J
Cyril Sequeira – Appellant
Versus
Victor Joao Baptista Sequiera – Respondent
| Table of Content |
|---|
| 1. summary of facts regarding property and claims (Para 2 , 4 , 5 , 6 , 7) |
| 2. arguments for the petitioner regarding mundkarship (Para 8 , 9 , 10) |
| 3. arguments presented by the respondent against petitioner's claim (Para 12 , 13 , 14) |
| 4. discussion on legislative context and definitions (Para 20 , 21 , 24) |
| 5. final rejection of the petition and its implications (Para 86) |
JUDGMENT:
1. Rule. Rule is made returnable forthwith. With the consent of the learned Counsel appearing for the parties the matter is taken up for final disposal at the admission stage.
2. The petitioner is hereby challenging the judgment and order dated 18/10/2019 passed by the learned Administrative Tribunal in Mundkar Revision Application No.17/2018 wherein the learned Tribunal rejected revision and confirmed the impugned judgment passed by the authorities below.
3. An interesting question cropped up in the present petition which reads thus:
“Whether a person who was lawfully inducted in the house after the appointed date and had a fixed habitation, can claim mundkarship?”
FACTS OF THE CASE:-
4. In nutshell, few facts which led to the present petition are thus:
5. The property known as 'GOLNA' survey No.39/5
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