Case Note & Summary
The case involves two first appeals filed by the original defendants (Kantu Shankar Dessai and his wife Shaila Kantu Dessai) against the judgment and decree dated 30/09/2009 passed by the Civil Judge, Senior Division, Salcete, in Special Civil Suit No. 39/2005/A. The plaintiff, Sociedade Agricola Dos Gauncares De Cuncolim E Veroda (a Communidade), filed the suit for possession and mesne profits in respect of a property described as 'Matto de Veroda' admeasuring 12,000 sq. mts. The plaintiff claimed that the defendants were licensees who had been permitted to use the property temporarily, but they refused to vacate despite demand. The defendants contended that they were tenants of the property and had been in possession for many years, paying rent to the Communidade. The trial court decreed the suit in favor of the plaintiff, ordering the defendants to deliver possession and pay mesne profits at Rs. 5,000 per month from the date of suit until delivery of possession. The High Court, after hearing both sides, dismissed the appeals, affirming the trial court's findings. The court held that the defendants failed to prove their tenancy as they did not produce any rent receipts or tenancy agreement. The court also noted that the plaintiff, being a Communidade, had the right to evict licensees. The mesne profits awarded were found to be reasonable based on the evidence of the plaintiff's witness. The court further observed that the defendants' claim of tenancy under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 was not substantiated. The appeals were dismissed with costs.
Headnote
A) Property Law - Tenancy vs. License - Burden of Proof - Goa, Daman and Diu Agricultural Tenancy Act, 1964 - The defendants claimed to be tenants of the suit property, but the court held that the burden to prove tenancy was on them. They failed to produce any documentary evidence such as rent receipts or tenancy agreement. The court found that the defendants were mere licensees and not tenants, as the plaintiff, a Communidade, had granted only permissive possession. (Paras 10-15) B) Property Law - Mesne Profits - Award from Date of Suit - Code of Civil Procedure, 1908, Order 20 Rule 12 - The trial court awarded mesne profits from the date of suit, which was upheld by the High Court. The court noted that the plaintiff was entitled to mesne profits for wrongful possession, and the rate of Rs. 5,000 per month was reasonable based on evidence. (Paras 16-18) C) Property Law - Communidade Property - Special Status - The suit property belonged to a Communidade (a traditional Goan institution). The court observed that Communidade properties are governed by special laws and customs, and the defendants could not claim any right of tenancy without proper proof. (Paras 5-7)
Issue of Consideration
Whether the defendants were tenants or licensees in respect of the suit property, and whether the plaintiff was entitled to possession and mesne profits.
Final Decision
Both appeals dismissed with costs. The judgment and decree of the trial court are confirmed.
Law Points
- Burden of proof lies on party asserting tenancy
- Licensee cannot claim tenancy rights
- Mesne profits can be awarded from date of suit
- Communidade property is governed by special laws
