(1) Any application to be presented to the Mamlatdar shall either be presented to him personally or to any other officer authorised by him in that behalf, in person, during office hours.
(2) Where the application does not contain any of the particulars specified in section 20 or in rule 9, as the case may be, the Mamlatdar shall forthwith examine the applicant on oath and ascertain from him such of the particulars specified in section 20 or rule 9, as the case may be, as are not clearly and correctly stated in the application and shall reduce the examination to writing in the form of an endorsement on an annexure to the application which shall thereupon be deemed to be part of the application. Where the applicant requires time to obtain any of the particulars specified in section 20 or rule 9, as the case may be, the Mamlatdar shall grant him such time as may under the circumstances appear reasonable.
(3) When the application is presented and has, if necessary, been treated in the manner specified in sub-rule (2), the Mamlatdar shall require the applicant to subscribe and verify the application in his presence in the manner following or the like effect -
"I, A.B. the applicant, do hereby declare that what is stated in this application is true to the best of my information, knowledge and belief".
(4) The Mamlatdar shall endorse the application to the effect that it was duly subscribed and verified. Where the applicant being illiterate cannot write, the verification may be written for him in the presence of the Mamlatdar and the applicant shall affix his mark or thumb impression in token of the authenticity of the verification and the Mamlatdar shall record that the verification was made in his presence at the request of the applicant and that his mark or thumb impression was so affixed.
(5) The Mamlatdar shall reject an application:-
(a) Where the applicant declines to make a statement on oath under sub-rule (2); or
(b) Where the applicant is willing to make or has made a statement on oath under sub-rule (2) but fails to furnish the particulars specified in section 20 or rule 9, as the case may be, within the time fixed under sub-rule (2); or
(c) Where it appears upon face of the application-
(i) that the property or the relief claimed is not one of the kinds specified in the Act; or
(ii) that the application is barred by limitation;
(d) where the applicant declines to subscribe or verify the application as required by sub-rule (3) or (4).
(6) Where it appears to the Mamlatdar that the subject of the application is not within his jurisdiction he shall return the application to the concerned party to be presented before the Competent Authority having jurisdiction.
(7) Where application is admissible, the Mamlatdar shall receive the same. He shall then fix a convenient day and place for trial of the case and shall issue, at the expenses of applicant, notice in the Form VII to the opponent. He shall require the applicant to appear with his documents, if any, and summon witnesses if any, to appear on the day and at the place fixed.
(8) Where either party requires any witness to be summoned to appear on the day and at the place fixed the Mamlatdar shall issue a summons in Form VIII for that purpose. Such summons shall be issued in duplicate, duly signed and sealed, and shall be served by delivering or tendering the copy to the person therein named or by sending it by registered post A. D. to his address or if such person cannot be found, then by affixing the copy to some conspicuous part of the place where he ordinarily resides or carries on business and on the Notice Board of the Mamlatdar's Office.
(9) Where the applicant fails to attend or to produce his documents, if any, or to adopt measures to procure the attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the application whether the opponent appears or not unless the opponent admits the claim.
Explanation.
(10) Where in the case, mentioned in sub-rule (9) the Mamlatdar is not satisfied from the evidence before him that the notice has been duly served on the opponent and in sufficient time to enable the opponent to appear and answer on the day fixed in the notice, he shall adjourn the trial of the case and issue a fresh notice under sub-rule 7 to the opponent.
(12) The Mamlatdar may at any stage of the proceedings order that the name of any person to whom possession of the dwelling house or any part thereof may have been transferred or the addition of whom as a party appears necessary in order to enable the court effectually and completely to adjudicate upon the issues be added as an applicant or opponent as the circumstances of the case may require:
(13) In case of death of any party while the case is pending;
(a) if an application is made within one month of such death, the Mamlatdar shall determine summarily who is the legal representative of the deceased party and subject to the provisions of the Act shall enter on record the name of such representative;
(b) if no such application is made, the case shall abate as regards that party.
(14) Where the Mamlatdar orders the name of any person to be added as opponent or enters on the record the name of any person as the legal representative of the deceased party, he shall issue to such person a notice as provided in sub-rule (7) and the trial shall proceed on the date fixed in such notice.
(15) On the date fixed or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to sub-rule (9) proceed to hear all the evidence that is then and there before him and to try the relevant issues.
(16) The Mamlatdar may after due notice to and in the presence of the parties summon and examine, as a witnesses, any person who has not been summoned or produced by any party and may call for and cause to be proved any document which has not been applied for or produced by either of the parties where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the property, in the presence of or after due notice to the parties. He shall without unnecessary delay, record a memorandum after hearing the parties on the spot, if present, of the relevant facts observed at such inspection. The Memorandum shall form a part of the record of the case.
Section 14 • The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977
14. Manner of conducting enquiries.
the-goa-daman-and-diu-mundkars-protection-from-eviction-rules-1977-sec-14.json
•
Section 14
{
"act_title": "The Goa, Daman and Diu Mundkars (Protection from Eviction) Rules, 1977",
"act_slug": "the-goa-daman-and-diu-mundkars-protection-from-eviction-rules-1977",
"section_label": "Section",
"section": {
"number": "14",
"title": "14. Manner of conducting enquiries.",
"chapter": null,
"content": "(1) Any application to be presented to the Mamlatdar shall either be presented to him personally or to any other officer authorised by him in that behalf, in person, during office hours.\n(2) Where the application does not contain any of the particulars specified in section 20 or in rule 9, as the case may be, the Mamlatdar shall forthwith examine the applicant on oath and ascertain from him such of the particulars specified in section 20 or rule 9, as the case may be, as are not clearly and correctly stated in the application and shall reduce the examination to writing in the form of an endorsement on an annexure to the application which shall thereupon be deemed to be part of the application. Where the applicant requires time to obtain any of the particulars specified in section 20 or rule 9, as the case may be, the Mamlatdar shall grant him such time as may under the circumstances appear reasonable.\n(3) When the application is presented and has, if necessary, been treated in the manner specified in sub-rule (2), the Mamlatdar shall require the applicant to subscribe and verify the application in his presence in the manner following or the like effect -\n\"I, A.B. the applicant, do hereby declare that what is stated in this application is true to the best of my information, knowledge and belief\".\n(4) The Mamlatdar shall endorse the application to the effect that it was duly subscribed and verified. Where the applicant being illiterate cannot write, the verification may be written for him in the presence of the Mamlatdar and the applicant shall affix his mark or thumb impression in token of the authenticity of the verification and the Mamlatdar shall record that the verification was made in his presence at the request of the applicant and that his mark or thumb impression was so affixed.\n(5) The Mamlatdar shall reject an application:-\n(a) Where the applicant declines to make a statement on oath under sub-rule (2); or\n(b) Where the applicant is willing to make or has made a statement on oath under sub-rule (2) but fails to furnish the particulars specified in section 20 or rule 9, as the case may be, within the time fixed under sub-rule (2); or\n(c) Where it appears upon face of the application-\n(i) that the property or the relief claimed is not one of the kinds specified in the Act; or\n(ii) that the application is barred by limitation;\n(d) where the applicant declines to subscribe or verify the application as required by sub-rule (3) or (4).\n(6) Where it appears to the Mamlatdar that the subject of the application is not within his jurisdiction he shall return the application to the concerned party to be presented before the Competent Authority having jurisdiction.\n(7) Where application is admissible, the Mamlatdar shall receive the same. He shall then fix a convenient day and place for trial of the case and shall issue, at the expenses of applicant, notice in the Form VII to the opponent. He shall require the applicant to appear with his documents, if any, and summon witnesses if any, to appear on the day and at the place fixed.\n(8) Where either party requires any witness to be summoned to appear on the day and at the place fixed the Mamlatdar shall issue a summons in Form VIII for that purpose. Such summons shall be issued in duplicate, duly signed and sealed, and shall be served by delivering or tendering the copy to the person therein named or by sending it by registered post A. D. to his address or if such person cannot be found, then by affixing the copy to some conspicuous part of the place where he ordinarily resides or carries on business and on the Notice Board of the Mamlatdar's Office.\n(9) Where the applicant fails to attend or to produce his documents, if any, or to adopt measures to procure the attendance of his witnesses, if any, on the day and at the place fixed, the Mamlatdar shall reject the application whether the opponent appears or not unless the opponent admits the claim.\nExplanation.\n(10) Where in the case, mentioned in sub-rule (9) the Mamlatdar is not satisfied from the evidence before him that the notice has been duly served on the opponent and in sufficient time to enable the opponent to appear and answer on the day fixed in the notice, he shall adjourn the trial of the case and issue a fresh notice under sub-rule 7 to the opponent.\n(12) The Mamlatdar may at any stage of the proceedings order that the name of any person to whom possession of the dwelling house or any part thereof may have been transferred or the addition of whom as a party appears necessary in order to enable the court effectually and completely to adjudicate upon the issues be added as an applicant or opponent as the circumstances of the case may require:\n(13) In case of death of any party while the case is pending;\n(a) if an application is made within one month of such death, the Mamlatdar shall determine summarily who is the legal representative of the deceased party and subject to the provisions of the Act shall enter on record the name of such representative;\n(b) if no such application is made, the case shall abate as regards that party.\n(14) Where the Mamlatdar orders the name of any person to be added as opponent or enters on the record the name of any person as the legal representative of the deceased party, he shall issue to such person a notice as provided in sub-rule (7) and the trial shall proceed on the date fixed in such notice.\n(15) On the date fixed or on any day to which the proceedings may have been adjourned, the Mamlatdar shall, subject to sub-rule (9) proceed to hear all the evidence that is then and there before him and to try the relevant issues.\n(16) The Mamlatdar may after due notice to and in the presence of the parties summon and examine, as a witnesses, any person who has not been summoned or produced by any party and may call for and cause to be proved any document which has not been applied for or produced by either of the parties where he considers it expedient in the interest of justice so to do, and may, if he thinks fit, make a personal inspection of the property, in the presence of or after due notice to the parties. He shall without unnecessary delay, record a memorandum after hearing the parties on the spot, if present, of the relevant facts observed at such inspection. The Memorandum shall form a part of the record of the case.",
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