Search Results for "Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975"

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Search Results for "Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975"

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High Court

Bombay High Court Dismisses Petition Challenging Mundkar Revision Order in Eviction Suit — Upholds Concurrent Findings of Tenancy and Default. The court held that the petitioners failed to prove that the suit house was not a mundkar tenancy and that the eviction decree was validly passed under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

18 Apr 2016

The petitioners, legal heirs of original defendants in Civil Suit No. 107 of 1970, filed a writ petition challenging the order dated 14.01.2015 passed...

High Court

High Court of Bombay at Goa Dismisses Petition Challenging Mundkar Declaration — Concurrent Findings of Fact Not Interferable Under Article 226. The court upheld the declaration of respondents as Mundkars under the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, finding no perversity in the concurrent findings of the Deputy Collector and Administrative Tribunal.

7 Jul 2014

The petitioners, legal heirs of Krishna Vithoba Xete Tilve, filed a writ petition under Article 226 of the Constitution before the High Court of Bomba...

High Court

Bombay High Court at Goa Dismisses Letters Patent Appeal in Eviction Suit — Upholds Concurrent Findings of License and Unauthorized Occupation. The Court held that the appellants failed to prove Mundkar status and that the suit was not barred by the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

6 Mar 2013

The case involves a Letters Patent Appeal filed by the appellants (defendants in the original suit) against the judgment of a learned Single Judge of ...

High Court

High Court of Bombay at Goa Allows Writ Petition Challenging Administrative Tribunal Order in Mundkar Dispute — Tribunal Exceeded Revisionary Jurisdiction Under Section 26 of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. Concurrent Findings of Fact by Mamlatdar and Collector Cannot Be Reversed Without Perversity.

9 Oct 2018

The petitioners, legal representatives of the original petitioner Mrs. Antoneta Fernandes, filed a writ petition under Articles 226 and 227 of the Con...

High Court

Bombay High Court at Goa Holds That Right of a Mundkar in a Dwelling House Is Heritable Under Section 3 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court interpreted the definition of 'mundkar' to include family members and held that the right to occupy a dwelling house passes to legal heirs upon death.

18 Dec 2013

The judgment concerns two writ petitions filed in the High Court of Bombay at Goa, which were heard together to decide the issue of the extent of heri...

High Court

High Court of Bombay at Goa Dismisses Writ Petition Challenging Mundkar Declaration — Upholds Concurrent Findings That Petitioners Failed to Prove Mundkar Status Under Section 8A of Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975. The court held that the burden of proof lies on the claimant and the concurrent findings of fact cannot be interfered with in writ jurisdiction unless perverse.

12 Oct 2012

The petitioners, Shri Vassant Krishna Palyekar and Smt. Vanita V. Palyekar, filed a writ petition challenging the common judgment and order dated 05.0...

High Court

High Court Quashes Deputy Collector's Orders in Mundkar Act Case Due to Procedural Irregularities and Lack of Judicial Propriety. Deputy Collector's orders granting leave to appeal and stay were set aside as reasoned judgment was not available at pronouncement and was furnished belatedly, violating judicial propriety under Section 24 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975.

6 Mar 2026

The dispute arose from a writ petition challenging two orders dated 16.12.2023 passed by the Deputy Collector, SDO, Pernem Taluka. The petitioner, a w...

High Court

Bombay High Court Allows Petition to Strike Issue of Mundkar Rights in Civil Suit — Lack of Specific Pleadings. Issue framed on vague allegations without particulars of occupation under Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 cannot be sustained.

18 Oct 2011

The petitioner, Shri Mahableshwar Pandurang Halankar, filed a writ petition challenging an order dated 30.06.2008 passed by the Civil Judge, Senior Di...

High Court

High Court of Bombay at Goa Dismisses Revision Against Execution Orders — Decree Holder Entitled to Possession Despite Alleged Non-Joinder of Necessary Parties. Execution Court Cannot Go Behind Decree; Objections Under Section 47 CPC Not Maintainable.

14 Mar 2019

The applicants (judgment-debtors) filed a civil revision application challenging two orders dated 31/07/2018 and 30/10/2018 passed by the Senior Civil...

High Court

Bombay High Court Allows Second Appeal in Mundkar Property Dispute — Civil Court Lacks Jurisdiction Over Mundkar Status Under Section 31(2) of Goa Daman and Diu Mundkar (Protection from Eviction) Act, 1975. Mandatory Injunction for Demolition Set Aside as Suit Partly Barred by Limitation.

20 Jan 2006

The case involves a Second Appeal filed by the defendants against the judgment and decree of the lower appellate court in a suit for demolition of str...

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