LAND LAWS

Qu.1: What are persons deemed to be tenants under the Goa Agriculture Tenancy Act, 1964.

Ans: In accordance to Section 4 of Goa Agriculture Tenancy Act, 1964, the persons deemed to be tenants are a persons lawfully cultivating any land belonging to another person (hereinafter in this referred to as ‘owner’) on or after 1 s t . July, 1962, but before the commencement of this Act, shall be deemed to be tenant, if such land is not cultivated personally by the owner and if such person is not;

i. a member of land owner’s family ORii. servant on wages payable in cash or kind but not in crops

share or a hired labourer cultivating the land under personal supervision of the owner or of any member of the owner’s family OR

iii. a mortgagee in possession, if the property has been mortgaged and the possession has been given to mortgagee

It is further Provided that if upon an application made by the landlord within one year from the commencement of this Act to the Mamlatdar within whose jurisdiction the land is situated, thereafter in accordance to Act;.

a. the Mamlatdar shall declares by issuing order that such person is not a tenant and his decision is not reversed on any appeal or revision OR

b. the Mamlatdar refuses to make such declaration but his decision is reversed on appeal or revision

Such persons shall not be deemed to be tenant under this section of Act;

It is further Provided that a sub-tenant cultivating any land belonging to another person [on or after 1 s t . July 1962, but before the commencement of the this Act] shall, notwithstanding the fact that the creation of the sub-tenancy might have been prohibited by any law for the time being in force, be deemed to be lawfully cultivation the said land as a tenant for the purpose of this section of this Act and in such cases, there is not intermediary tenant or tenants prior to the creation of the sub-tenancy shall not be deemed to be tenant or tenants for the purpose of this Act.

Provided further that in the case of a person claiming to be a tenant on the ground that he was sub tenant cultivating any land after the 1 s t . July 1962, but before the commencement of this act the application by the land lord for a declaration that such person is not a tenant may be made within three months of the commencement of the Goa, Daman and Diu Agriculture Tenancy (Amendment) Act 1966

Therefore aforesaid persons are deemed to be tenants under this Act and entitled to get remedy and relief in accordance with this Act.

Qu.2: Discuss the provision pertaining to “Payment of Purchase Price by the Tenant” under the Agriculture Tenancy Act, 1964

Ans: Under Section 18 of the Agriculture Tenancy Act 1964, the heading is procedure for taking possession, the details of payment of purchase price by the tenant has been explained in details as follows:

Special Rights and Privileges of tenants

Sec.18A: In accordance with this section all Tenants deemed to have purchased lands on tillers’ day;

(1) On the tillers’ day, every tenant shall, subject to the other provision of this Act, be deemed to have purchased from his land lord the land held by him as a tenant and such land shall vest in him free from all encumbrance subsisting on the day.

(2) In case where a tenant, on account of his eviction from the land by the land-lord before the tillers’ day is not in possession of the land on the said day, but has made or makes an application for possession of the land under section 18 within the period specified therein, then, if the application is allowed by the Mamlatdar and passed order in favour of tenant or, as the case may be, in appeal before the collector or in revision before the Administrative Tribunal, he shall be deemed to have purchased the land on the day on which the final order allowing the application is passed by Mamlatdar.

(3) where a tenant referred to in above sub-section (2) has not made an application for possession within the period specified under section 18 or the application made by him is finally rejected under this Act, and the land is held by any other person as tenant on the expiry of the said period or on the

date of final rejection of the application, then such other person shall be deemed to have purchased the land on the date of the expiry of the said period or, as the case may be, on the date of the final rejection of application.

(4) If a tenant is not in possession of the land on the tillers’ day on account of his being dispossessed otherwise then in the manner provided in section 11 and the land is; (a) in possession of the landlord or his successor in interest; and (b) not put a non-agriculture use, the Mamlatdar shall notwithstanding anything contained in this Act, either suo moto or on the application of the tenant, hold an inquiry and direct that such land shall be taken from the possession of the landlord or, as the case may be, his successor in interest and shall be restored to the tenant and the provisions of the Chapter shall, in so far as they may be applicable, apply thereto, subject to the modification that the tenant shall be deemed to have purchased the land on the date on which the land is restored to him. -;Provided that the tenant shall not entitled to restoration under this sub-section unless he undertakes to cultivate the land personally. Explanation- In this sub-section ‘successor-in-interest’ means person who acquires the interest or right by testamentary or disposition or devolution on death.

(5) In respect of the land deemed to have been purchased by a tenant under sub-section (1)—(a) the tenant-purchaser shall be liable to pay to the former landlord the purchase price; and (b) the tenant-purchaser shall be liable to pay to the Government the dues, if any, from the tillers’ day.

18B. Right of tenant to purchase land where he is minor etc—(1) Notwithstanding anything contained in section 18A,

where the tenant is a minor or a widow or a person subject to mental or physical disability or a serving member of Armed Forces, the right to purchase land under that section may be exercised—(a) by the minor within one year from the date on which he attains majority (b) by the successor in title of the widow within one year from the date on which her interest in the land ceases to exist; (c) within one year from the date on which the mental or physical disability of the tenant ceases to exist; (d) within one year from the date on which the tenant ceases to be a serving member of the Defence Forces; Provided that where a person of any

such category is a member of a joint family, the provisions of this sub-section shall not apply it at least one member of the joint family is outside the categories mentioned in this sub-section, unless before the tillers day the share of such person in the joint family has been separated by metes and bounds and the Mamlatdar on inquiry is satisfied that the share of such person in the land is separated having regards to the area, assessment, an classification and the value of the land, in the same proposition as the share of that person in the entire family property.

(2) A tenant desirous of exercising the right conferred on him under sub-section (1) shall give an intimation in that behalf to the landlord and the Mamlatdar withinin whose jurisdiction the land is situated in the prescribed manner within the period specified in that sub-section.

(3) The Provision of section 18A and section 18C to 18I shall so far a may be applicable apply to such purchase.

18C Mamlatdar to issue notices and determine price of land to paid by tenant;

(1) As soon as may be after the tillers’ day the Mamlatdar shall publish or cause to be published a public notice in the prescribed form in the Official Gazette and also in such other manner as may be prescribed calling upon---(a) all tenants who under section 18A are deemed to

have purchased the land(b) all landlord of such land and(c) all other persons interested therein to appear before

him on date specified in the notice(2) Notwithstanding anything contained un the sub-section

(1) the Mamlatdar may, on his own motion or on an application from any person who has been called upon to appear before him under sub-section (1) give an opportunity to appear before him on any subsequent day, time and place other than that specified in the public notice under sub-section (1) to—

(a) such tenants or such persons claiming to be tanants(b) such landlord and other interested parties, who had

appearing before the Mamlatdar inresponse to notice published under sub-section (1)

(3) The Mamlatdar shall record in the prescribed manner the statement of the tenants whether he is or is not willing to purchase the land held by him as a tenant

(4) Where any tenant makes a statement that he is not willing to purchase the land , the Mamlatdar shall by an

order in writing declare that such tenant is not willing to purchase the land and that the purchase is ineffective

Provided that if such order is passed in default of the appearance of any party, the Mamlatdar shall communicate such order to the parties and any party on whose default the order was communicated to him apply for the review of the same

(5) If a tenant is willing to purchase, the Mamlatdar shall, after giving an opportunity to the tenant and the landlord and all other persons interested in such land to be heard and after holding an inquiry determine the purchase price for such land in accordance with the provision of section 18D

(6)In the case of a tenant who is deemed to have purchased the land on the day subsequent to the tellers’ day, the Mamlatdar shall, as soon as may be after such day, determine the price of the land

18D. Purchase price payable to land lord;(1) The purchase price payable by a tenant to the landlord in

relation in relation to the land which has been deemed to have been purchased by the tenant under section 18A shall be the amount indicated in column 2 of the Table below in respect of the categories of land specified in the corresponding entry in column 1 thereof

S N Category of land Purchase Price ( in

rupees) per hector1 Garden consist ing primari ly of

a] Coconut t rees

b] Arecanut trees

c] Mango trees

d]Cashew trees

4,000.003,000.002,500.001,600.00

2Rice Land

a] Kher

b] Khazan

c] Morod

Wet land where sugarcane cult ivated

4,000.00

3,600.00

1,600.00

2,500.00

18E. Mode of Payment of purchase price by tenant:(1) On the determination of the purchase price by the

Mamlatdar under section 18C the tenant shall deposite the purchase price with the Mamlatdar in the manner provided in this section.

(2) The tenant shall have the option to deposit the purchase price either in lumsum or in ten equal annual instalments

(3) The first installment of the purchase price or where the purchases price is payable in a lumsum under sub-section (2) the lumsum shall be paid by the tenant within a period of six month from the date of passing of order of the Mamlatdar under section 18C

(4) The second or subsequent installment of the purchase price shall be paid within a period of one year from the date on which the previous installment was due.

(5) Where the lumsum payment or any installment of the purchase price has not been deposited on the due date , the amount in default shall carry interest at the rate of six per cent per annum.

18F. Amount of purchase price to be applied towards satisfaction of debts—

(1) The Mamlatdar shall in an inquiry held under section 18c determine any encumbrances lawfully subsisting on the land the tillers’ day.

(2) If the total amount of encumbrance is less than the purchase price determined under that section—(i) where the purchase price is paid in lumsum, it shall be determine from the purchase price and the balance paid to the former landlord. (ii) where the purchase price made payable in installment, the Mamlatdar shall deduct such amount from such installment towards the payment of such encumbrance; Provided that where under any agreement, award. decree or order of a court under any law the amount of encumbrance is recoverable in installment, the Mamlatdar shall deduct such amount as he deemed reasonable from the installments so payable

(3) If the total amount of the encumbrance is more than the amount of determined the purchase price in lumsum of the installments, as the case may be, shall be distributed in the order of priority and if any person has to right to receive maintenance or alimony from the profit of the land the Mamlatdar shall also make deductions for payment out of the purchase price.

(4) Nothing in this section shall affects the rights of the holder of any such encumbrances to proceed against the former land lord in any other manner or under any other law for the time being in force.

ORExplain: a] ‘Tillers day’ under Agriculture Tenancy Act, 1964 b] ‘Tenant” under the Agriculture Tenancy Act, 1964

Qu.3: When and how a landlord can recover the possession of building for his personal use from the tenant give cases.

Ans: In accordance to Section 23 of the Goa, Daman and Diu (Lease, Rent and Eviction) Act 1968: Landlord have legal right to obtained possession- (1) A landlord may subject to the provision of Section 24, apply to the Controller for an order directing the tenant to put him in possession of the building;

(a) in case it is a residential building

(i) If the land lord is not occupying a residential building of his own in the town or village concerned and he requires it for his own occupation or for the occupation of any member of his family OR

(ii) If the landlord who has more building than in the city town or village concerned is in occupation of one such building and in fact he bonafide require another instead, for his own occupation

(b) In case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires it for his own or to the possession of which he is entitled in the city, town or village concerned which is own or to the possession of which he is entitled whether under this Act or otherwise

Provided that a person who became a landlord after the commencement of this Act the tenancy by an instrument ‘inter vivos’ shall not be entitled to apply under this sub section before expiry of five years from the date on which the instrument was registered.

Provided further that in case of gift from parents the above period of five years shall be reduced to two years.

Provided further that where is landlord has obtained possession of a building under this section, he shall not be entitled to apply again under this section.

(i) In case he has obtained possession of a residential building for possession of another residential building of his own

(ii) In case he has obtained possession of a non-residential building for possession of another non-residential building of his own use.

(2) Where the landlord of a residential building is a religious charitable, educational or other public institution, it may, if the building is required for the purposes of the institution, apply to the Controller subject to the provisions of section 24 for an order directing the tenant to put the institution in possession of the building

(3) A landlord who is occupying only part of a residential building may notwithstanding anything in sub-section (1) apply to the Controller for an order directing any tenant occupying part or whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for his own use or for the use of any member of his family.

Explanation- For the purpose of this section a landlord means a person on account of or on behalf of or for the benefit of whom the rent of a building is received but does not include an agent, trustee, guardian or receiver.

IN OTHER ACT

In accordance to sub-section (1) of section 4 of the Goa, Daman and Diu (Lease, Rent and Eviction) Control 1968 Act,“ Every land lord shall, within ten days after a building becomes vacant by his ceasing to occupy it or by termination of a tenancy, or by eviction of a tenant, or otherwise, give notice of the vacancy to the Authorized Officer

Every such notice shall be given in such manner, and shall contain such particulars as may be prescribed been residing in the dwelling house for a continuous of two years

In accordance with Section 5: (1) of Goa, Daman and Diu (Lease, Rent and Eviction) Control Act, 1968, heading the Release of building for use of landlord—The Authorized Officer may, on receipt of an application from the landlord or on receipt of a direction from the Administrator in pursuance of an application made to him by the landlord, by order, release a building for the occupation of the landlord or a member of his family.

(2) A landlord who has obtained possession of a building in pursuance of an order made under sub-section (1) shall use it only for his own occupation or for the occupation of member of his family, and if he fails to do so proposes either let it out or keep vacant the whole or part of the building for period exceeding that permitted by the Authorized Officer by order in writing he shall give notice as required under section 4 as if the building had fallen vacant

Section 6; Requisitioning of building; (1) Within 15 days of receipt by the Authorized Officer, of the notice under sub-section (1) of section 4 or sub section (2) of section 5, the Authorized Officer, may, if he is of the opinion that the building is required for the purpose of Government or of any local authority or any public institution under the control of the Government or for the occupation of any officer or employee of the Government or local authority, issue an order in the prescribed form giving intimation to that effect to the landlord and calling upon the landlord to handover the possession of the building to him or other officer empowered by him for the purpose on the date to be specified by him in this behalf in the said order on any other date as may be specified by him

(2) (a) On the receipt of the notice issued under sub section (1) the landlord deliver the vacant possession of the building to the authorized officer or any officer empowered by him for this purpose. (b) If the Land fails to deliver the possession on the date specified, the Authorized Officer or any other officer empowered by him in this behalf may take possession of the building.(3) As soon as may be after the possession of the building is taken over under sub-section (2) the Authorized Officer shall, after giving notice in this behalf to the landlord and hearing him and after holding such inquiry as he deems fit, determine the monthly rent payable to the landlord for the building on the followings terns and conditions.

CASE LAW: Dr. Mulla Khemani V/s Avelino D’souza: High CourtIn this case the second floor of building was leased to tenant. The State Government requisitioned a part of the ground floor. The landlord made an application under section 23 for recovery of possession of the 2 nd Floor, which was occupied by Tenant. The landlord contention was he required the said

premises for bonafied need of the said tenanted premises. The Tenant contended that the landlord has alternative vacant accommodation on the ground floor which he can occupy. The Tenant proves to the satisfaction of the Court that there is an existence of alternate vacant accommodation which landlord can use. But the landlord failed to satisfy the Court that the alternate vacant premises were not suitable for his use. Appeal by tenant was allowed on the ground that bona fied requirement of landlord has not been proved, in this case the High Court referred to the decision given by;

CASE LAW: Supreme Court in the case of M M Gasim V/s Manohar Sharma (AIR 1961 SC 1113)

The Supreme Court held “ when examining a case of personal requirement if it is pointed out that there is some vacant premises with landlord, which he can conveniently occupy, the element of ‘need’ in his requirement would be absent, in such a case, the court would expect the landlord to establish that the premises which is vacant is not suitable for purpose of his occupation of for purpose for which he requires them.

CASE LAW: Yeshwant Naik V/s Joao fernandes [1999 (1) GLT 60]

Joao Fernandes was land lord and Yeshwant Naik was tenant . A part of the house was leased by land lord Joao o Yeshwant Naik, the Joao was employed in Police Force and as he was nearing to retirement superannuation he started sending letters to Yeshwant Naik to vacate the premises occupied by him. The contention of tenant is that he occupied the remaining part of building therefore landlord application is not tenable and therefore deserved to be dismissed.

But the High Court dismissed the argument of tenant and said held that the landlord can evict to Tenant even though he occupies portion of house as bona fied requires it for his own occupation

Qu.4: Which are the various authorities under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, Briefly outline the powers of these authorities.

Ans: Any person aggrieved by the order passed by Rent Tribunal , [the Rent Tribunal have power to pass any order in accordance to Act] in disputes in between Landlord and Tenant, the aggrieved person may file appeal before Appellate Board, [the Appellate Board have power to heard the appeal filed by

aggrieved person against the order of Rent Tribunal in accordance with the Act]

Any person aggrieved by the order passed by Controller [ the Controller have power to passed any order according to Act in case of disputes in between Landlord and Tenant] OR Authorized Officer , he may file appeal before Administrative Tribunal.

In accordance to section 25 of the Goa, Daman and Diu ( Lease, Rent and Eviction) Control Act, 1968 the Controller have power to decide Right of possession.

AdministratorController /Additional Controller

Qu.5: With reference to the land Revenue Code discuss (i) Removal of encroachment on land vesting in Central Government and (ii) Regularization of encroachment. Ans: In accordance to section 37 of Goa, Daman and Diu Land Revenue Code 1968, which is heading removal of encroachments on land vesting in Centre Government and provision for penalty and other incidental matter; Sub Section (1) In event of any encroachment being made on any land vested in the Central Government (whether or not in charge of any local authority) it shall be lawful and mandatory for the Collector, to summarily abate or remove any such encroachment, as soon as he noticed it and the expenses incurred thereof shall be leviable or recoverable from the person in occupation of the land encroached upon and the person who is responsible for encroachment.

(2) It is further provided that the person who made such encroachment or who is in unauthorized occupation of the land so encroached upon shall pay, if land encroached upon form part of an assessed survey number , assessment for the entire number for the whole period of the encroachment, and if the land has not been assessed , such amount of assessment as would be leviable for the period in same village on the same extent of similar land used for the same purpose. Such shall pay in addition a fine which, shall be not less than five rupees but not more than one thousand rupees if the land is used for an agriculture purpose and if used for a purpose other than agriculture not exceeding two thousand rupees.

(3) The Collector further empowered may, by notice duly served under the provision of this code, prohibit or require the abatement or removal of encroachment on any such land and

shall fix in such notice a date which shall be a reasonable time after such notice on which same shall take effect. Provided that every affected persons who makes, causes, permits or continues any encroachment on any land referred to in a notice issued under sub section (3) shall in addition to penalties referred in sub section (2) be liable at the discretion of the Collector to a fine not exceeding twenty-five rupees in the case of encroachment for agriculture purposes and fifty rupees in other cases for every day or part of a day during which the encroachment continues after the date on which the notice takes effect.

(5) It is also provided that an order passed by the Collector under this section shall be subject to appeal and revisions in accordance with the provision of this code. (6)Nothing contained in sub sections (1) to (4) shall prevent any person from establishing his right in a civil court within a period of one year from the date of the final order under this code.

Section 38 of Code heading: Regularization of encroachment; The regularization of such land is possible under the code in accordance with section 37 shall not prevent the Collector, if the person making the encroachment so desire, to change the said person a sum not exceeding five time the value of the land so encroached upon and to grant the land to the encroacher on record in the name of the said persons.

But provided that no land shall be granted as aforesaid, unless the Collector gives the public notice of his intention so to do in such manner as he considered fit and proper, and further considers any objections or suggestions which may be received by him before granting land as aforesaid. The expenses incurred in giving such public notice shall be paid by the persons making the encroachment, and on his failure to do so on ‘demand within a reasonable time, shall be recovered from him as an arrear of land revenue.

The Section 39 of Code provide value of land revenue how calculated; The sub section (1) provide that for the purpose of section 37 and 38 the value of land that has been encroached upon shall be fixed by Collector according to the market value of similar land in the same neighborhood at the time of such valuation; and the annual revenue of such land shall be assessed at the same rate as the land revenue of similar land in the vicinity.

(2) It is further provided in code that the Collector’s decision as to the land encroached upon shall be conclusive and final; and in determining the amount of land revenue, occupation for a portion of year shall be counted as for a whole year

Qu.6: Define the expression boundary mark and outline the provisions of the Goa Land Revenue Code which deals with effect of the settlement of boundaries

Ans: Sec 110 of the Code provide the fixation and demarcations Of boundaries; Boundaries of villages and all survey numbers in villages therein shall be fixed and demarcated by boundary mark.

Further Sec 111 further provides Determination of village boundaries, and the boundaries of village shall be fixed and all disputes relating thereto shall be determined by survey officers, or by such officers as may be appointed by the Government for the purpose, after holding a formal inquiry at which the village officers and all persons interested have in opportunity of appearing and producing evidence

It is crucial to note that u/s 112 of the Code provide Determination of field boundaries; It is at the time of survey, the boundaries of a filed or holding be undisputed and its correspondence be affirmed by the village officers then present , it may be laid down as the holder or person in occupation be not present, it shall be fixed by the survey officer according to the land record and according to occupation ascertain from the village officers and the holders of adjoining lands or such other evidence or information as the survey office be able to procure.

The Section 113 of code for disputes regarding boundaries between villages, survey numbers and sub-divisions, if any disputes arises concerning the boundary of a village or field which has not been surveyed or it at any time after the completion of a survey a dispute arises concerning the boundary of any village or survey number or sub-division of a survey number, it shall be decided by the Collector after holding a formal inquiry at which the village officers and all persons interested shall have an opportunity and all persons interested shall have an opportunity of appearing and producing evidence.

The Section 114 of the code provide demarcation of boundaries of survey number or sub divisions (1) The Collector may on the application of a party interested, demarcate the boundaries of a survey numbers or of a sub-division and construed boundary marks thereon.(2) The Government may make rule of regulation

procedure for the Collector in demarcating the boundaries of a survey number or of a sub-division, prescribing the nature of the boundary marks to be used and authorizing the levy of fees from the holders of land in a demarcated survey number or sub division. (3) Survey numbers and sub-division demarcated under the provisions of this section shall be deemed to be survey numbers for the purpose of sections 110, 113, 116 and 117 of Code. Qu.7: Explain the expression “member of the family” under the Mundkar Act 1975, and discuss the provisions of the Mundkar Act, which deals with the right of the Mundkar to purchase the dwelling house

Ans : In accordance with the Section 15 of Goa, Daman and Diu Mundkar ( protection from eviction) Act 1975 under section2 (n) ‘member’ of family defined as (i) in relation to mundkar who is an individual, his spouse, son, unmarried daughter and including father, mothe, grandson, widow daughter, widowed grand daughter solely dependent on the mundkar for maintenance (ii) in relation to a member who is a joint family the members of such family (iii) in relation to joint owner other than a joint Hindu family the members of the family as indicated in sub clause (i) in relation to each of such joint owners

In accordance with the Section 15 of Goa, Daman and Diu Mundakar (Protection from Eviction) Act 1975, Right of Mundkar to purchase a dwelling house, notwithstanding anything to the contrary contained in any law for the time being in force a mundkar shall subject to the provision of this Act have the right to purchase the dwelling house occupied by him.

(2) It is further provided in said Act that the maximum extent of land around or appurtenant to the dwelling house which a mudkar is entitled to purchase under this section shall be as indicated under sub-clause (i) of section 2.

(3) It is crucial to note that the purchase price payable by the mundkar for his dwelling house shall be the market value of dwelling house purchased [ as prevailing on the appointed date] and the improvement thereon, other than the improvement, if any, belonging to the mundkar.

It provided that when the house, hut or anu structure with its material belongs, wholly or partly, to the mundkar, the corresponding value shall be deducted from the market value and is such case the purchase price shall be the balance left after deducting the corresponding value from the market value.

It is further provided that (a) when the mundkar has been permitted to occupy the dwelling house by the bhatkar for the purchase of cultivation of or for the purchase of watching and protecting an agriculture land of the Bhatkar and is actually endering such service and continues to render such service wit or without remuneration or (b) where mundkar is an agricultural lebourer or village artisan or (c) where the annual income of a mundkar being a person belonging to SC or ST and not falling under clause(a) or (b) from all sources does not exceed rupees three thousand and six hundred.

Then the purchase price payable by such mundkar and a member of his family shall be twenty percent of the market value payable, the mundkar shall allow to pay in ten equal annual instalment, but if the mundkar agree to pay lumsum, then the purchase price shall be reduce to 90%, these all procedures has to be followed from the office of Mamlatdar .

Qu.8; With reference to the Goa Daman and Diu Mundkars (Protection from Eviction) Act, 1975, define ‘dwelling house’ and explain the procedure for surrender of his rights over dwelling house by mundkar

Ans : In accordance to Goa, section 2 (i) Daman and Diu Mundkar (protection from eviction, Act 1975, the definition of dwelling house means the house in which mundkar resides with fixed habitation which includes; (a) the land on which the dwelling house is standing and the land around and appurtenant to such dwelling house, subject to maximum limit of the five meters, if the land is [ on the appointed date] if it is within the jurisdiction of village panchayat and two meters if it is not within such jurisdiction from the outer wall of the dwelling house Provided that where;the distance between two outer walls of the dwelling house of the mundkar and of the house of the bhatkar;or between the outer walls of the dwelling house of a mundkar and or the dwelling house or houses one or more mundkar is less than double the aforesaid limit the land appurtenant to such dwelling house shall be half of land lying between the outer walls of the dwelling house of such mundkar and the bhatkar or between the outer walls of the dwelling house such mundkar and the dwelling or houses of such other mundkar or mundkars as the case may be.

(b) 300 sq mrts. of land including the land on which the dwelling house is standing

Provided that where [on the appointed date] the dwelling house is within the jurisdiction of a municipal council the dwelling house shall include 200 sq. mtrs. of land including land on which the dwelling house is standing.

Provided further that where there is on the appointed date in the property of the bhatkar, the house of the bhatkar or a dwelling house of one or more than one mundkar and the total extent of the land is inadequate to provide each of them the extent indicated in this clause the dwelling house shall includes, in the absence of any agreement, the land apportioned in equal shares, as far as practicable, by the Mamlatdar.

Explanation-I—The option contemplated under this clause be exempted by the Mundkar in the manner prescribed Explanation-II- For the purpose of this clause ‘house’ means an Dharmashala or such other building belonging to or in possession of a religious or charitable institution and is used for temporary accommodation and such other building as may be meant for letting out on hire a portion of which has been let out.

(ii) the cattle shed, stable, pig-sty, workshop or such other structure connected with, the business or profession of the mundkar and(iii) the customary easement if any which the

residents of the dwelling house have been enjoying for access to a public road or a well or any other place.

Qu.9; Explain with case Deposit of rent during pendency of proceedings The section 32 (1) of Goa, Daman and Diu Buildings ( Lease, Rent and Eviction ) Control Act 1968 or referred and Rent Control Act, No tenant against whom proceedings of eviction has been instituted by the land lord, shall be entitled to contest the proceedings either before Controller or any Appellate / Revisional Authority or prefer any Appeal / Revision unless he has paid to the landlord or deposited with Controller or Appellate / Revision authority all the arrears of rent due in respect of the building up to the date of payment and deposit and continues to pay / deposit any rent which may subsequently become due in respect of building until the termination of proceedings

(2) Deposit is to be made within such time and within such manner as prescribed in the rules

(3) Where there is dispute as to the amount of rent payable the Controller / Appellate / Revisional authority shall on

application either by land lord or by tenant and after inquiry determine summarily the rent to be paid.

If the tenant fails to pay / deposit rent, the Controller or Appellate or Revisonal Authority shall unless the tenant shows sufficient cause to contrary stop all further proceedings and make order directing tenant to put landlord in possession

(4) The amount deposited may be withdrawn by landlord on such terms and conditions as may be prescribed

CASE LAW: Namada Borkar V/s Surendra Bondre, 1999 (1) GLT 52 All suit which were pending before the Civil Court on 12.03.1976 and wherein the plea of the Mundkar ship was raised were required to be transferred to the Mamalatdar of respective talukas and the jurisdiction of the Civil Court to deal with suits was barred unless and until Mamlatdar first decide the concerned person to be not a Mundkar and re-transfer the proceedings to the civil court

Case Law: Datta Ghadi V/s Gullhemina Silvaria (2000 (1) GLT 39]

In the case before Division Bench of High Court, two points of consideration arise the court held that Shamsundar Kaka Tandel case was not in consonance with the law. Section 32(1) of Rent Control Act and 22(4) are independent of each other operating on different planes, Section 32 deals only with pending of proceedings and section 22(4) deals with failure to pay rent for three months or more at the inception of proceedings. The devision Bench laid down a summary of Section 32.

(1) Section 32 requires the tenant to deposit the arrears of rent and recurring rent until termination of proceedings before any of Authorities. (2) It is therefore a pre-condition for the tenant to contest the proceedings for eviction (3) Section 32 Qu: 10 Explain with case Appeals under rent Control Act;

Any aggrieved person by the order, other than interim, passed by Rent Tribunals may file appeal against such impugned order before Appellate Tribunals under section 45(1) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act 1968.

Any aggrieved person by the order, other than interim, passed by Authorized Officer u/s 31 or by the Controller may file appeal against such impugned order before Administrative Tribunal Limitation: Any appeal under this section shall be filed within 30 days from the date of the order.

Provided that the Appellate Board or as the case may be the Administrative Tribunals may entertain the appeal after the expiry of the said period of thirty days, if it is satisfied that the applicant was prevented by sufficient cause from filling the appeal in time.

Qu:11; Explain with case Farm Building under the Land Revenue Code

The Farm Building defined in Revenue Code under section 11 as a structure erected on land assessed or holds for the purpose of agriculture for all or any of the following purpose connected with such land or any other land belonging to or cultivated by the holder thereof namely;a] for the storage of agriculture implements, manure or fodder

b] for the storage of agriculture produce

c] for sheltering cattles

d] for residence of members of the family, servants or tenants of the holder or e] for any other purpose which is an intergral part of his cultivating arrangement. Qu:12; Explain with cases Statutory tenant and contractual tenant

Qu:13; Explain with cases Grounds of eviction of Mundkar

In accordance to Section 12 Ground on which a mundkar can be evicted from his dwelling house, the sub section further provided vide sub section (1) No mundkar shall be liable to be evicted from his dwelling house except on any one or more of the following grounds;

(a) that he has transferred his interest in the dwelling house after the appointed date

(b) that neither the mundkar nor any member of his family has been residing un the dwelling house for a ‘continuous period of two years

(2) Bhatkar who seeks the eviction of mundkar on any of the grounds specified in sub section (1) within six months from the cause of action arose, apply in the prescribed form to the Mamlatdar for an order of eviction against the mundkar.

(3)On receipt of an application under sub section (2) the Mamkatdar shall after issuing a notice to the mundkar and after holding an inquiry pass such order thereon as he deems fit

(4) The mundkar evicted from his dwelling house under this section shall be entitled to remove any material belonging to him and used in the dwelling house, unless the bhatkar at any stage offers to pay to the mundkar the value of such materials as may be fixed by the Mamlatdar or agreed upon between the bhatkar and the mundkar and pays such value in cash within six months from the date of his eviction.

Qu; 14; Explain with case Classes of holders of land under Goa Land Revenue Code;

In accordance to Section 20 of Land Revenue Code, there are three classes of holders of land;

a. Occupants- Class-I:- Any persons who shall be entitled to hold land in perpetually or by family succession and without any restriction on the right to transfer

b. Occupants- Class-II:- Any person who shall be entitled to hold land in perpetually or by family succession, but having restriction by any rule

c. Government Lessees:- These are persons who are entitled to hold land for a period under a lease from the Government granted under section 26.

Qu;15; Explain with case] Mundkars right to repair, maintain and improve his dwelling house In accordabce to section 7 of Mundkars Eviction protection Act, the mundkar to have right to repair, maintain and improve his dwelling house, A mundkar shall ‘save a right to maintain, repairs, improve of reconstruct his dwelling house without in any way increasing the plinth area thereof. He shall have also the right to have electricity supply and supply of pipe water on the same terms and conditions as are applicable to any owner of a house;

Explanation;- the term improve shall include construction within the dwelling house like sump tank, or overhead tank, water cisten, bathroom. toilet, septic, tab tank soak tank pit and the like subject to obtaining necessary permission from the concerned authorities.

Qu: 16; Discuss the power of the Mamlatdar and explain how the decision of the Mamlatdar has to be executed under the provision of the GDD Mamlatdar Court Act

Ans: (1) Mamlatdar is Taluka Magistrate having judicial and revenue power in accordance with law, and his office is known to Mamalatdar Court, he is presiding Judicial Officer in the Court, in accordance to section 5 and 24, he is responsible to cases within in his territory or Taluka, or any jurisdiction specified in notification of State Government in the officials gazette.

(a) He is absolutely empowered under this Act to do work: (i) to remove or cause to be removed any impediment [means any obstruction], illegally erected without any permission, under due authority of law. (ii) to accountable to look in to for to the natural or customary flow in a defined channel or otherwise of any surface water rising in or falling on any land used for agriculture or for trees or other crops, on to any adjacent land, (iii) to remove obstruction where such impediment or obstruction causes or is likely to cause damage to the land used for such purpose or to any gazing trees or crops thereon.

(b) He is fully empowered under this Act to (i) give possession of any land or premises used for agriculture or trees or crops or fisheries, (ii) to restore the to use of water from any well, tank, reservoir, canal, or water-course, whether natural or artificial used for agriculture purposes to any person who has been illegally disposed or deprived thereof without the permission under the due authority of law, (iii) to give possession to who has become entitled to the possession or restriction or restoration thereof by reason of the a person who has been former owner or part owner within a period of twelve years [limitation time for filing appeal ] before the institution of the suit of the property or use claimed or who is the legal representative of such former owner or part owner.

(c) In fact he is super revenue officer in Taluka and having Judicial Power designated as Taluka Magistrate, in other States, but known under this Act Mamlatdar. He is empowered under this Act to remove or cause to be removed any refuse, mining reject or other substances which has been illegally dumped or placed without the permission under the authority of law on any agriculture land, he may imposed penalty also.

(d) He is empowered to give immediate possession of any dwelling house situated in any land used for purpose of

agriculture to any tenant or agriculture labourer who has been illegally dispossessed or deprived thereof without the order of due authority of law

(e) He is a filed officer of State Government for all judicial and revenue works, at the level of Taluka, therefore he is empowered to give immediate possession to a Mundkar of any dwelling house held by him as such of which he has been illegally dispossessed or deprived without the order of under the due authority of law.

(f) He is empowered to restore or cause to be restored any right of way which has been illegally obstructed or encroached without the order under due authority of law

(g) He is empowered to restore or cause to be restore any right to use or take water for purpose or irrigation or domestic use of which any person has been deprived otherwise than under the due authority of law.

(2) The Mamlatdar Court is empowered to pass injunction order on illegal any impediment or obstruction referred to in (a) of sub section (1) is erected or an attempt has been made to erect it, or when any refuse, mining reject or other substances is placed or sought to be placed otherwise than by any authority of law on any agriculture land, or when any person, is otherwise than under due authority of law disturbed or obstructed or when an attempt has been made so to disturbed or obstruction any person in the possession of any lands or premises used for agriculture or trees or crops or fisheries or in the use of water from any well, tank, reservoir, canal or water course whether natural or artificial, used for agriculture or domestic purposes, or any such dwelling house as is referred to in clause (d) of sub section (1) or in the use of roads or a right of way thereto, to issue an injunction to the person erecting or who attempted to erect such obstruction or causing or who has attempted to cause, such a disturbance or obstruction requiring him to refrain from erecting or attempting erect any such obstruction or from causing or attempting to cause any further such disturbance or obstruction.

(3) Mamlatdar court shall take cognizance only in the suit which has been filed within one year from the date of cause of action arose.

Provided that however a suit in respect of which the cause of action arose before the commencement of this Act, may, if it is otherwise not barred by any law for the time being in force, be entertained within one year of such commencement.

(5) The cause of action shall be treated on which date the illegal act referred above has been committed.

Qu: 17: Explain with cases Section 20: Mamlatdar’s decision how executed:

The decision of Mamlatdar for execution shall be carry out by village officer or any subordinate, for removing obstruction, restoring tenant etc, which has been specified in section of power of Mamlatdar.

a. In case of giving possession to plaintiff of agriculture land and there is full crop, the Mamlatdar, may pass order of cost, on the application of defendants to take the cost from the value of crops and Mamlatdar may recovered the assessment from the value of crops.

b. In case plaintiff is unwilling to take the crop at such valuation until after the expiration of sufficient time for the crop to be gathered by the defendnats.

c. The amount of any valuation made under clause (a) of the provision to this sub-section shall be paid to the defendants through the Mamlatdar and shall be recoverable from the plaintiff as an arrear of land revenue.

(2) In case of injuction order it should be made in prescribed form and personally handed over to defendants

(3) When the Mamlatdar award a cost, such costs, together with the cost of execution shall be recoverable from the party ordered to pay them as an arrear of the land revenue(4) Any person disobeying the order of Mamlatdar on injunction shall be punishable under section 188 of IPC, i.e. Read; Disobedience to order duly promulgated by public servant: Punishment of One Month imprisonment and fine of Rs. 200/-

Qu:18; Explain with cases the plaint under Mamlatdar’s Court Act and Execution of Mamlatdar’s decision under the Mamlatdar’s Court Act

Ans: In accordance with section 6 of the Act, the suit commenced by the plaint, submitted to open court or any authorized person of Mamlatdar Court., the plaint shall contents the followings details;

(a) It is similar like Plaint under CPC; The name, Age, Profession and address of Plaintiff and Defendant

(b)The nature and situation of the obstruction / impediment erected and the situation of the kinds which are adjacent to each other and the nature of the relief sought by Plaintiff

(c) The nature and situation of the property of which possession or use is sought

(d)The nature and injunction to be granted (e)The nature and situation of the land and of the refuse or

other substances which has been dumped thereon and the circumstances of the dumping

(f) The nature and situation of the right of way which has been obstructed or encouraged upon and that and the nature of the obstruction or encroachment

(g)The nature of the right to water of which there has been deprivation;

(h)The date on which the cause of action arose(i) The circumstances out of which the cause of action arose

and(j) A list of the plaintiff documents, if any and of his

witnessesif any whether such witnesses are to be summoned to attend or whether the plaintiff will produce them on the day and at the place to be fixed under section 13

Qu:20: Explain with cases Rejection of plaint under the Mamlardar’s Court Act 1966

Ans: Section 11: The Mamlatdar is empowered to reject the plaint U/s 11 of the Act, if it is not in accordance with the Act, on followings grounds:

(a) If the plaintiff declines to make a statement on oath under section 8 or

(b) Where the plaintiff is willing make or has made a statement on oath under section 8, but fails to furnish the particulars specified in section 6 within the time fixed under section 8 or altogether or

(c) Where it appears upon the face of the plaint: (i) that the relief claimed is not one of kind specified in section or (ii) That the suit is barred under sub-section (2) of section 4 or

(d) Where the plaintiff declined to subscribed or verify the plaint as required by sections 9 and 10

(e) Section: 12: Thereafter giving full opportunity to plaintiff if the plaint is not tenable on the grounds of jurisdiction, the Mamlatdar shall return the plaint to plaintiff