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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 1st^. 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 OR ii. 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 st^. 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 1st^. 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
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—
(2).()a such tenants or such persons claiming to be tanants (2).()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 hector 1 Garden consisting primarily of
a] Coconut trees
b] Arecanut trees
c] Mango trees
d]Cashew trees
4,000. 3,000. 2,500. 1,600.
2 Rice Land
a] Kher
b] Khazan
c] Morod
Wet land where sugarcane cultivated
4,000.
3,600.
1,600.
2,500.
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.
()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 Court In 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
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.
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]
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
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
