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2007 Supreme(SC) 1473

G.P.MATHUR, V.S.SIRPURKAR
USHA P. KUVELKAR – Appellant
Versus
RAVINDRA SUBRAI DALVI – Respondent


V. S. SIRPURKAR, J.

( 1 ) LEAVE granted.

( 2 ) IN this appeal the legal heirs of the Original Landlord have come up to challenge the judgment of the High Court of Bombay at Goa, whereby the learned Single Judge of that Court set aside the orders of the two authorities below and remanded the matters for fresh adjudication. The tenant-respondent herein had filed a Civil Revision Application as also the writ Petition and it was by a common judgment that the said Civil Revision and the Writ Petition came to be disposed of. The basic facts are as follows.

( 3 ) THAT Late Prabhakar Govind Sinai Kuvelkar was, admittedly, the owner of the premises in question being Flat No. C-S-40 (5 ). This was a flat in Cooperative Housing Society called Adarsha Cooperative Housing society Ltd. , Caranzalem, Goa. The said flat was leased out to the tenant-respondent herein for an initial period of 11 months vide Lease Deed dated 31. 12. 1977 and the said tenancy was continued by the landlord-appellant even after the expiry of 11months as he was unable to occupy the said flat at that point of time. An application came to be filed on 3. 7. 1986 being eviction Case No. 8 of 1987 before the Additional Ren
















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