2017 (6) ABR 646 ::(2018) 3 AllMR 623 (BOM) ::(2018) 2 Mah LJ 364

Bombay High Court

Hon'ble Judge(s): Nutan D. Sardessai , J

Goa, Daman and Diu Mundkar (Protection from Eviction) Act (1 of 1976) , S.2(p)— Mundkar - Declaration as to - Petitioner claiming continued residence in suit property from his forefathers - Demolition of disputed shop admittedly by petitioner in 1975 pursuant to execution proceedings filed in eviction suit by predecessor of landlord - Petitioner raising plea of mundkar for first time in execution proceedings and filing application to be declared as mundkar before Competent Authority - Testimony of witness as to suit property consisting of two structures, demolition of shop and hut in existence, not trustworthy as setting up a new case - Petitioner not establishing to be in occupation of suit premises with consent of owner and in fixed habitation - Petitioner not entitled to be declared as mundkar. (Para 17 18)