MRS. JUDITH FERNANDES & ORS vs CONCEICAO ANTONIO FERNANDES & ANR

The Supreme Court held that the Goa, Daman and Diu Agricultural Tenancy Act, 1964, particularly Section 58, bars Civil Court jurisdiction over tenancy disputes that fall under the Act's provisions. The Court found that the amendments introduced by the Fifth Amendment Act, which defined 'garden' to include land for coconut trees, did not apply retroactively to the plaintiffs' suit filed in 1973. Consequently, the High Court's decision to set aside the decree of eviction was overturned, affirming the lower courts' rulings in favor of the plaintiffs.