VASSUDEO B. MORAJKAR v. JOSE MARIA F. XAVIER C. LUIS (DEAD) BY LRS.
2005-03-02
A.K.MATHUR, ASHOK BHAN
body2005
DigiLaw.ai
ORDER 1. Having failed to get an injunction from the Mamlatdar i.e. an authority constituted under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 (GDD Act 7 of 1964) (hereinafter referred to as "the Act"), the appellant filed civil suit seeking injunction restraining the respondents from interfering with his possession. The High Court has held that the civil court would have no jurisdictio to try such a suit in view of the bar created to the filing of the suit in the civil court under Section 58 of the Act. Under Section 8-A of the Act, the jurisdiction for relief in cases of threatened wrongful dispossession of a tenant is given to the Mamlatdar, an authority constituted under the Act. 2. We agree with the view taken by the High Court. No ground is made out to interfere in the said order. 3. The civil appeal is dismissed with no order as to costs.