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1987 Supreme(Bom) 57

M.L.PENDSE, G.D.KAMAT
Maria Madeira e Fernandes (Smt. ) – Appellant
Versus
Vishnu Mahadeo Kanekar – Respondent


JUDGMENT - G.D. KAMAT, J.:---This letters patent appeal by the landlady is against the order of single judge dated 12 April, 1984 rendered in Writ Petition No. 64 of 1983 challenging the validity of the order of the administrative Tribunal dated 10th March, 1983 in Eviction Appeal No. 24 of 1980 and the order of the Additional Rent Controller, South Goa, Margao, dated 30th September, 1980 in Case No. 53 of 1980. By the impugned order dated 12 April, 1984 in Writ Petition No. 64 of 1983 the two orders, one dated 10th March, 1983 made by Tribunal and the other of the Additional Rent Controller dated 30 September, 1980, whereby the tenant had been ordered to vacate the residential premises under his occupation and directed him to put the landlord in possession within 30 days were set aside.

2. The question posed in the Letters Patent Appeal turns on the interpretation of section 32 and section 22 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 hereinafter for brevity sake called the 'Rent Act'. For the purposes of appreciating the contention raised by Shri Dias, learned Counsel for the appellant -landlady, a few facts be stated.

3. The appellant filed













































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