Supreme Court of India

Madhumati Atchut Paras v. Rajaram V. Parab & Ors.

Neutral citation
Reported as [2009] 1 S.C.R. 696
Bench Tarun Chatterjee J.
Decided 29 January 2009

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

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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