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Section 8A: Relief in certain cases of threatened wrongful dispossession

The Goa, Daman and Diu Agricultural Tenancy Act, 1964State Act of Goa · Act 7 of 1964

(1) Any tenant in possession of any land or dwelling house who apprehends that he may be dispossessed contrary to the provisions of this Act, may apply in the prescribed manner to the 31[Mamlatdar] for an order safe guarding his right to possession.

(2) On such application, the 32[Mamlatdar] if he is satisfied on holding such enquiry as may be prescribed, that the applicant is entitled to continue in possession, shall, by order, direct the landlord or any person claiming through him to refrain from disturbing it otherwise than in accordance with law.

(3) In any proceeding under this section, if it is proved to the satisfaction of the 33[Mamlatdar] by affidavit or otherwise that the opponent threatens to dispossess the applicant, he may by order grant a temporary injunction restraining such dispossession or otherwise causing injury until the final disposal of the proceeding or until further orders. In all such cases the 34[Mamlatdar] shall, except where it appears that the object of granting the injunction would be defeated by delay, issue notice of the application to the opponent before granting an injunction.

(4) Any person dispossessing a tenant in contravention of an order made under subsection (2) or (3), in addition to any other penalty to which he is subject, on application made by the tenant within thirty days of such dispossession, and notwithstanding anything to the contrary in any other provision of this Act, be summarily evicted by the 35[Mamlatdar] who shall thereupon restore possession to the tenant].

Where this provision sits

ActThe Goa, Daman and Diu Agricultural Tenancy Act, 1964
Section8A
Marginal noteRelief in certain cases of threatened wrongful dispossession
JurisdictionState of Goa
StatusIn force as published by the source

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