AIR 1980 GOA, DAMAN AND DIU 27

Goa, Daman and Diu Judicial Commissioner's Court

Hon'ble Judge(s): Tito Menezes , J

Goa, Daman and Diu Agricultural Tenancy Act (7 of 1964) , S.2(1A)— Inserted by (Fifth Amendment) Act (1976) - Effect of Amending Act of 1976 - Order dt/- 4-4-1979, of Judicial Commissioner's Court, Goa, striking down Amending Act of 1976 - Effect of. By the Goa, Daman and Diu Agricultural Tenancy (Filth Amendment) Act, 1976, the Goa, Daman and Diu Protection of Rights of Tenants (Cashewnut and Arecanut Gardens) Act 1971 was repealed and by inserting Section 2(1-A) in Goa, Daman and Diu Agricultural Tenancy Act, 1964, the new definition of 'agriculture' included the raising of food crops, grass and garden produce. Thus by the Amending Act of 1976 the cashewnut gardens and grass lands were brought under the purview of the Act and the tenant was also declared to be owner of the land and tenancies were abolished. As a result of the Amending Act, the jurisdiction of the Mamlatdar to decide questions of tenancy regarding paddy fields, cashew groves, grass lands etc., ceased, because the disputes between landlords and tenants became disputes between two landlords. The jurisdiction to decide such disputes no longer vested in the Mamlatdar, but vested in the Civil Court. Thereafter, the Amending Act was struck down by the order of Goa J. C's. Court dated April 4, 1979. Thereafter the Supreme Court passed an order D/-04-05-1979, staying the operation of the order of J....