Supreme Court of India
Madhumati Atchut Paras v. Rajaram V. Parab & Ors.
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What the Court ordered
We are of the view that 0 the Mamlatdar had the jurisdiction to declare a negative declaration, that is to say, a particular person is not a tenant under Section 7 of the Goa Tenancy Act and, therefore, the judgment of the High Court cannot be sustainable.
Judgment, page 15
From the headnote
Goa, Daman and Diu Agricultural Tenancy Act, 1964 - ss. 4(1) and 7 - Jurisdiction of Mam/atdar u/s. 7 - To grant c negative declaration on the question of tenancy - Held: Mamlatdar has the authority to grant a negative declaration on the question of tenancy- Power uls. 4(1) to grant negative declaration does not oust such jurisdiction of Mamlatdar uls. 7 - s. 7 embraces within its sweep both the facets i.e. positive .. as well as negative declaration - Interpretation of statute. ~ The question for consideration in the present appeal was whether u/s 7 of Goa Daman and Diu Agricultural Tenancy
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