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...tenant. The claim of being a mundkar and tenant are mutually exclusive. In fact section 2(p) of the mundkar act excludes from the definition of mundkar a person who, pays rent to the bhatkar for the...occupation of the house. Thus it is not open to the appellants to stake claim of being a tenant inasmuch as they have claimed to be mundkar.8. In any case, the issue of being a tenant not...circumstances of the case it can be established that there exists a tenant landlord relationship between the Appellant and Respondents and therefore the provisions of the rent act are applicable...
...applicant and had declared him to be mundkar. 2. The respondent-bhatkar had set up a plea of the applicant-mundkar being a tenant. The learned Tribunal to an extent correctly has.... before the Mamlatdar, the burden would further be on the mundkar to show that he is not a tenant and this approach, to my mind cannot be accepted. 3. The statent recorded before...the father of the petitioner-mundkar was the original tenant Who had executed the said lease deed and having died in the year 1971, the present petitioner had continued to pay the rent upto the year...
...the respondent/tenant has denied the title of the landlord and claims a right of permanent tenancy by filing a case for registration as a mundkar which came to be rejected by the Mamlatdar as not...bonafide. It is the respondent/tenant who should lead his evidence, first in view of his denial of title and claiming to be a mundkar which was found to be not bonafide. 3This came to be challenged in...respect of the issue as to whether the tenant having approached the Mamlatdar for being registered as a mundkar which was rejected, amounts to denial of title which would attract...
...is made is a tenant and not a mundkar supported with documentary evidence. In view of that the Chief Officer declined to entertain the complaint. It is not necessary to advert to the various facts for...the view to be taken. 3. Learned counsel for the petitioner contends that where a person is a mundkar or a tenant, within the Municipal area, no construction can be put up or...exercise jurisdiction vested on the assumption that the status of a party is important. That, considering the provisions of the Act, is totally immaterial. No person, whether he be the owner, tenant...
...is made is a tenant and not a mundkar supported with documentary evidence. In view of that the Chief Officer declined to entertain the complaint. It is not necessary to advert to the various facts for...the view to be taken. 3. Learned counsel for the petitioner contends that where a person is a mundkar or a tenant, within the Municipal area, no construction can be put up or...exercise jurisdiction vested on the assumption that the status of a party is important. That, considering the provisions of the Act, is totally immaterial. No person, whether he be the owner, tenant...
...Applicant/Respondent was not his mundkar but was a tenant in respect of the said dwelling house paying him a monthly rent of Rs. 5/-. In support of his case, the Respondent had examined herself and two....The issue which arises is as to whether the Respondent No. 1 herein is entitled to be registered as a “mundkar” in terms of...:The Respondent No. 1 herein is the wife of one Balaram N. Nipanikar who had filed an application for registering him as a mundkar of the dwelling house bearing house No. 66 w-6...
.... 3. Briefly, the facts of the case are that the appellant herein claimed to be the mundkar in possession of the suit premises. The respondent, however, alleged that the appellant...was tenant. The question of mundkarship was heard and decided by the Mamlatdar. The Mamlatdar rejected the appellants claim of mundkarship and held that the appellant was a tenant in respect of the...appellant to be tenant. The said finding was upheld by the Addl. District Judge, in appeal. It may be noted that it was not the case of the appellant that he was a tenant in respect of the suit premises and...
...the rate of Rs. 8/-per month. What was contended was that the occupation of the premises by respondent no. 1 was not in her capacity as tenant but in her capacity as mundkar. Even in case of a person...landlord and tenant would be substituted by that of a mundkar.
We then have the definition of landlord and tenant. Landlord is defined under Section 2(j) to mean...the premises let out to a tenant. Tenant has been defined to mean a person on whose account or on whose behalf the rent of any building is, or but for a special contract would be payable.
Therefore, if a person ple...
...(Protection from Eviction) Act, 1975 to be declared as a mundkar. This application was opposed by the respondents/landlord contending that the petitioner is occupying the premises as a tenant on monthly...Additional Collector on 15 July, 2003 and the revision was dismissed by the Administrative Tribunal on 15 March, 2011.3. Section 2(p) of the Act defines a mundkar. It excludes a person...paying rent to the bhatkar. All the authorities below took into consideration the statement made by the petitioner himself to the municipal authorities that he is monthly tenant on payment of rent of Rs...
...premises as well as from the residential quarters, What is noteworthy is that in para 4, the late father of the Applicant pleaded that he was a Mundkar and Agricultural tenant and was rendera$ services...before the Administrative Tribunal, Goa, Daman and Diu which was numbered as Mundkar Revision Application No.1 of 1984. The Tribunal after exami- ning the stand of the Petitioner came to the conclu- sion...Kholkar appearing for the Petitioner that he is claiming Mundkarshlp in respect ...4. _ 4 ~ of the bakeryI It is his contention that he is resi- ding in the bakery as Mundkar and Q95 family members and...
.../Respondent was not his mundkar but was a tenant in respect of the said dwelling house paying him a monthly rent of Rs.5/-. In support of his case, the Respondent had examined herself and two other...confirmed. The issue which arises is as to whether the Respondent No.1 herein is entitled to be registered as a mundkar in terms of...thus : The Respondent No.1 herein is the wife of one Balaram N. Nipanikar who had filed an application for registering him as a mundkar of the dwelling house bearing house No. 66 w-6 situated in survey...
...mundkar and as tenant, the plaintiff and the contesting defendants would get by way of law of inheritance.
10. In respect of the issue of 1/5th share which was determined by the Lower...house occupied by late Babuso. The plaintiff contended that somewhere in the year 1978, Babuso Chodankar filed an application before Mamlatdar of Bardez for declaring him as mundkar of the suit house...defendant no.1 was allowed by the Mamlatdar and defendant no.1 was registered as a mundkar in respect of the suit house. The plaintiff also filed an application for declaring him as a mundkar in respect of...
...under law as mundkar and as tenant, the plaintiff and the contesting defendants would get by way of law of inheritance.
10. In respect of the issue of 1/5th share which was...ancestral house occupied by late Babuso. The plaintiff contended that somewhere in the year 1978, Babuso Chodankar filed an application before Mamlatdar of Bardez for declaring him as mundkar of the suit...defendant no.1 was allowed by the Mamlatdar and defendant no.1 was registered as a mundkar in respect of the suit house. The plaintiff also filed an application for declaring him as a mundkar in...
..., 1967. The tenant filed a reply denying the existence of tenancy and instead claimed that he was staying in the premises as a mundkar for last 15 years and on this basis, it was stated that the Rent...a declaration from the Mamlatdar concerning such status of being a mundkar. When the tenant failed to obtain such a declaration and he also did not deposit arrears of rent, the Rent Controller took up...the proceedings for eviction. The Rent Controller was also informed that a mundkar declaration case filed by the tenant was dismissed in default by the Mamlatdar. Thereafter, the Rent Controller...
...of a tenancy cannot be restricted to the heirs who are residing with a tenant. The learned Counsel further pointed out that in any event, if a married daughter is residing with the Mundkar during his...extent of heritability of a right of a mundkar in a dwelling house in terms of section 3 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, (hereinafter referred to as ‘the said...Act of 1975’).4. Shri S.D Lotlikar, learned Senior Counsel appearing for the said petitioners, has submitted before us that a Mundkar is defined under section 2(p) of the said Act of...
...landlord-tenant relationship between the parties and ordered eviction of the respondents under Section 22(2)(g) of the Goa Rent Act. Respondent no. 1 had filed a mundkar case...ground rent at the rate of Rs. 8/- per month. What was contended was that the occupation of the premises by respondent no. 1 was not in her capacity as tenant but in her capacity as mundkar. Even in...relationship of landlord and tenant would be substituted by that of a mundkar. We then have the definition of landlord and tenant. Landlord is defined under Section 2(j) to mean...
...claiming to be the succesors in interest of late Quiteria Fernandes alias Keter Fernandes, who was declared as mundkar of the house bearing no.272-A(old) 336(old) and 445(new) situated in the acquired.../SDO, Panaji Sub Division had also isued the purchase certificate under Section 16(8) of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975 (hereinafter referred to as 'the Mundkar Act...been taken and these lands are free from al encumbrances. It is further submited that the question whether the party is a mundkar or not makes no diference as the acquisition proceedings are validly...
...to reside in the same house which the husband occupied as tenant. If she wanted to set up a plea of mundkarship she would have to prove the house in which her husband resided, she was a mundkar...that the respondents have no locus standi to seek the eviction of the petitioner. It was contended that the application was in collusion with the husband, and the petitioner was a Mundkar and also that...learned District Judge came to the conclusion that nothing was produced on record by the petitioner to substantiate her claim as the mundkar or that the suit premises are different. The learned...
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...land:Provided that nothing in this clause shall apply to land which is in the possession of a Mundkar, otherwise than as a tenant.Explanation.— For the purposes of this...in the house situated in the said property in the capacity of Mundkar. The said house is partly situated in survey no. 152/10 and partly in survey no. 152/12. Under a certificate granted by...defendant no. 1 was recorded as a tenant in respect of survey no. 152/12 in the survey record. The original plaintiffs no. 2 and 3 are the sons of defendant no. 1 and original defendant no. 4 is daughter...