Effect of settlement of boundaries

Section 115 of the Goa Land Revenue Code, 1968 deals with effect of settlement of boundaries. The settlement of a boundary under this Chapter shall be determinative- (a) of the proper position of the boundary lines or boundary marks;

(1) The settlement of a boundary under this Chapter shall be determinative- (a) of the proper position of the boundary lines or boundary marks; and (b) of the rights of the holders on either side of the boundary fixed in respect of the land adjudged to appertain, or not to appertain, to their respective holdings.

(2) Where a boundary has been so fixed, the Collector may at any time summarily evict any person who holds land and who is wrongfully in possession of any land which has been adjudged in the settlement of boundary not to appertain to his holding or to the holding of any person through or under whom he claims.

(3) An order of eviction under sub-section (2) shall, subject to the provisions of sub- -sections (4) and (5), be subject to appeal and revision in accordance with the provisions of this Code.

(4) Where any person has been evicted or is about to be evicted from any land under the provisions of sub-section (2), he may, within a period of one year from the date of the settlement of the boundary, institute a civil suit to establish his title thereto:

Provided that the Government or the Collector, or any revenue or survey officer as such, shall not be made a party to such suit.

(5) Where a civil suit has been instituted under sub-section (4), such order shall not be subject to appeal or revision. de® (6) The Collector may at any time make an order for redistribution of land revenue which, in his opinion, should be made as a result of the decision of the appeal or revision or, as the case may be, the suit, and such redistribution shall take effect from the beginning of the revenue year following the date of the order.

Section 115, The Goa Land Revenue Code, 1968 (Act 9 of 1969).