Case Note & Summary
The dispute concerns property known as 'Conde-Mayem' in Goa, originally owned by Eurico de Soza Joquem Noroana, declared evacuee property after liberation and under the Custodian of Evacuee Property. The appellants claimed to be tenants of the Custodian. In 1984, their predecessors filed Civil Suit No.126 of 1984 for injunction against the 2nd respondent, obtaining an ex-parte injunction. The 2nd respondent filed an application before the Custodian in 1984, which was dismissed in 1986. Subsequently, the 2nd respondent filed Regular Civil Suit No.60 of 1990, which was dismissed in 1992. After the Goa Administration of Evacuee Property (Amendment) Act, 1989 made the Tenancy Act applicable to evacuee properties, the 2nd respondent applied under Sections 7 and 8-A of the Tenancy Act for declaration as a tenant. The Joint Mamlatdar allowed the application in 2002, confirmed by the appellate authority in 2003 and the Administrative Tribunal in 2008. The High Court dismissed the appellants' writ petition and held the Letters Patent Appeal not maintainable. The Supreme Court heard the matter on merits with consent. The Court examined the definitions under the Amending Act 19 of 1989, which defines 'tenancy' as relationship between tenant and Custodian, and 'tenant' as a person holding land after the amendment. Section 3 of the amended Evacuee Property Act makes the Tenancy Act applicable only to agricultural land and tenancies created by the Custodian. Section 32 of the Evacuee Property Act voids any transfer or transaction without the Custodian's prior approval. The Court found that the 2nd respondent did not claim tenancy from the Custodian and failed to prove deemed tenancy under Section 4 of the Tenancy Act, which requires possession between 1st July 1962 and 8th February 1965. The orders of the authorities were set aside as they lacked valid reasons and acceptable evidence. The Supreme Court allowed the appeals, quashed the orders declaring the 2nd respondent as a tenant, and dismissed the contempt petitions.
Headnote
A) Evacuee Property - Tenancy - Amending Act 19 of 1989 - The Amending Act extends the Tenancy Act to evacuee properties only for tenancies created by the Custodian; 'tenancy' means relationship between tenant and Custodian; 'tenant' means a person who holds land and cultivates it personally after the commencement of the Amending Act. The 2nd respondent did not claim tenancy from the Custodian, hence cannot benefit from the amendment. (Paras 7-9) B) Evacuee Property - Void Transactions - Section 32 of Goa, Daman and Diu Administration of Evacuee Property Act, 1964 - Any transfer or transaction in respect of evacuee property without previous approval of the Custodian is void. The 2nd respondent's claim of tenancy, even if based on sub-tenancy from the appellants' predecessor, required prior approval of the Custodian, which was not obtained. (Para 8) C) Agricultural Tenancy - Deemed Tenancy - Section 4 of Goa, Daman and Diu Agricultural Tenancy Act, 1964 - To claim deemed tenancy, one must prove lawful cultivation on or after 1st July 1962 and before 8th February 1965. The 2nd respondent failed to produce acceptable documentary evidence to establish possession during that period. (Para 9)
Issue of Consideration
Whether the 2nd respondent could be declared a tenant under the Goa, Daman and Diu Agricultural Tenancy Act, 1964 in respect of evacuee property without establishing a tenancy created by the Custodian and without prior approval of the Custodian as required under Section 32 of the Goa, Daman and Diu Administration of Evacuee Property Act, 1964.
Final Decision
The Supreme Court allowed the appeals, set aside the orders of the Joint Mamlatdar, appellate authority, Administrative Tribunal, and the High Court, and dismissed the contempt petitions. The Court held that the 2nd respondent's claim of tenancy was not valid as it was not based on a tenancy created by the Custodian and lacked prior approval under Section 32 of the Evacuee Property Act.
Law Points
- Tenancy under Amending Act 19 of 1989 requires relationship with Custodian
- Section 32 of Evacuee Property Act voids transfers without Custodian's approval
- Deemed tenancy under Section 4 of Tenancy Act requires possession between 1st July 1962 and 8th February 1965
