TEAM HERALD
PANJIM: In a bid to reduce the pendency of tenancy cases, the Law Commission in its draft amendment to the Goa, Daman and Diu Agricultural Tenancy Act, 1964 proposes to give decision making power ~presently held by the ‘Mamlatdars ‘ under the Act~ to Civil Judges. The Appellate authority would be the District Judges – including Additional District Judges.
Appellate Judges will also exercise revisional and appellate jurisdiction over the proceedings before the Civil Judges, says the Law commission headed by Narendra Sawaikar.
“This Commission is of the considered opinion that utilization of the Judges of the existing civil courts in the matter of tenancy declaration cases and determination of tenancy issues arising in civil suits and other proceedings should go a long way in expediting the decision-making in tenancy matters,” says the report that has since been submitted to Chief Minister Manohar Parrikar.
Presently, civil courts indeed stay the suit and make reference of the tenancy issue to the Mamlatdar.
According to the draft, the suggested amendment bill seeks to amend Section 49 by putting in a Section 49A which says that from every final order passed by the Civil Judge under Section 7 or Section 7A or in a reference made in terms of Sec 58(3), an Appeal can be made to the Appellate Judge and the decision of the Appellate Judge in such Appeal shall be final.
Another suggested Amendment to Section 50 says: ”Provided that in case of the orders passed by the Civil Judge the revisional jurisdiction in terms of subsection (1) of this Section shall be exercised exclusively by the Appellate Judge and any orders of the Appellate Judge passed in appeal under Section 49A or in revision under this Section shall not be subject to further revision by the Administrative Tribunal under sub-section (2) of this Section.
According to the draft, all tenancy cases under section 7 or 7A of this Act pending before the Mamlatdar shall be transferred to the Civil Judge and all appeals and revisions pending before the Collector shall be transferred to the Appellate Judge that has territorial jurisdiction over such tenancy cases, appeals and revisions.
