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1985 Supreme(Bom) 276

G.F.COUTO
Evaristo Estenaslaoc Rodrigues & others – Appellant
Versus
Vaman Anant Parab Mahambrey & others – Respondent


JUDGMENT - Dr. G.F. COUTO, J.:---This writ petition gives rise to an interesting question of law, namely whether a landlord can get vacant possession of the premises let out by him for commercial purposes on the ground of its bona fide requirement for his residence.

2. The petitioners are the owners of a house property situated at Patte Ribandar. The said property belonged to the parents of the first, second, fourth, fifth and seventh petitioners and one Custodia, Rodrigues who is another brother of the petitioners. The said Rodrigues filed a civil suit for division of the said property in the Court of the Civil Judge, (Senior Division) Panaji and the said house property was divided in the said suit. A portion of the said house laying to the South was allotted to the said Rodrigues and the remaining portion was allotted to the petitioners. By a lease agreement dated 4th January, 1957, a part of the said building was let out by the petitioners and Custodia Rodrigues to the first respondent for the purpose of carrying on commercial activity, particularly, to run a grocery shop. The said lease agreement was renewed on or about 11th February, 1966 and it was mentioned, at the time, that

























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