Monthi Menezes(D) By Lr. vs Devaki Amma (D) By Lr..

2. The relevant background aspects of the matter could be taken note of as follows:-

payment of land revenue and levy. The landlord (respondent herein) appeared in response to the notice issued on the application so made by Shri Bona Menezes and specifically raised objection in respect of the land in Survey No. 119/2A1, which is the subject matter of dispute in the present appeal. The landlord also raised objection in relation to the land comprising Survey No. 143/2B, Survey No. 144/2 and Survey No. 144/6 while stating no objection in granting occupancy rights to the applicant on other parcels of land. The main plank of the case of the landlord had been that the said parcels of land comprising Survery Nos. 119/2A1, 143/2B, 144/2 and 144/3 were 'Punja' lands, which were not cultivable and were not leased to the applicant.

2.3. After taking necessary evidence and after spot inspection on 06.03.1981, the Land Tribunal came to the conclusion that so far as the land comprising Survey No. 119/2A1 was concerned, the applicant was using the same for agricultural purpose and in fact, without this land, he cannot cultivate the other parcels of land. The Tribunal, therefore, rejected the objections of landlord in regard to this land in Survey No. 119/2A. However, as regards other parcels of land for which, the landlord had raised objections namely, those comprising Survey No. 143/2B, 144/2 and 144/3, the Tribunal found that they were situated at a distance away from the agricultural land of the applicant and hence, rejected his claim in that regard. Accordingly, the Tribunal, by its order dated 18.06.1981, registered the applicant as an occupant in relation to the other parcels of land that were not objected to as 3 also in relation to land comprising Survey No. 119/2A1 to the extent of 3.07 acres. The Tribunal concluded the matter as follows:

11. In view of the aforesaid, where we find that the High Court has not adverted to all the facts of the case as also to the law applicable, the proper course in this matter would be to remand the matter and to request the High Court to decide the writ petition afresh on merits and in accordance with law. 2 Section 2 (18) reads as under:-

13. In the interest of justice, it is also made clear that we have not expressed any opinion on the merits of the controversy and the observations herein are relevant only for the purpose of our reasons for remanding the matter. Hence, the matter involved in the writ petition remains open for decision afresh by the High Court on merits, without being influenced by any observation made in the orders impugned or in this order.

14. Hence, this appeal succeeds and is allowed to the extent and in the manner that the impugned orders dated 12.03.2008 and 17.11.2006 are set-aside and Writ Petition No. 11344 of 1999 is restored for reconsideration of the High Court in accordance with law. Until final disposal of the writ petition, status quo in relation to possession of subject of dispute shall be maintained by all the parties. To put the record straight, it is also provided that the legal representatives of the respective parties, as substituted in this appeal, shall stand substituted in the writ petition and the High Court shall proceed with the matter after amending the cause title accordingly.

13 14.1. The matter being an old one, we would request the High Court to take necessary steps for early disposal of the writ petition, preferably within six months from today.