AIR 1969 GOA, DAMAN AND DIU 42

Goa, Daman and Diu Judicial Commissioner's Court

Hon'ble Judge(s): V. S. Jetley , J

(A) Goa, Daman and Diu (Judicial Commissioner's Court) Regulation (1963) , S.8(2)(b)— Suit for eviction of tenant filed by landlord under Portuguese Civil P.C. - Relief prayed for granted - Revision by tenant - Contention that by combined operation of S.4, S.8(1) and S.58(2) read with S.2(11)(i) of Goa, Daman and Diu Agricultural Tenancy Act, Judge was barred from entertaining suit for eviction - Contention raised in suit but not pressed - Tenant held could not reagitate this point in revision - Relief granted not interfered in revision AIR 1966 Goa 1 (FB), Foll. Goa, Daman and Diu Agricultural Tenancy Act (7 of 1964) , S.4, S.8(1), S.58(2), S.2(11)(i)— Tenancy Laws. (Para 3 4) (B) Transfer of Property Act (4 of 1882) , Preamble, S.1, S.114A— Act operates prospectively - Contract of lease executed under relevant provisions of Portuguese law in 1961 - Act coming into force in Goa in November 1965 - Parties acquiring certain vested rights and incurring certain liabilities under contracts of lease executed before Transfer of Property Act came into force - In absence of any provision giving retrospective effect, such contracts held would not be affected - Suit filed by landlord for eviction of tenant under above lease without complying with S.114A - Suit hel....