JUDGMENT - Dr. E.S. DA SILVA, J.:---This second appeal is directed against the judgment of the learned Addl. District Judge, Panaji, dated 16th December, 1987 in Regular Civil Appeal No.5 of 1986 whereby he affirmed the judgment and decree of the learned Civil Judge J.D., Mapusa dated 30-11-1985 in Civil Suit No. 128/84. That was a suit for declaration, title and permanent injunction filed by the respondent No.1 (hereinafter called the respondent) against the appellant and the late respondent No. 2/P ascoal Goes. It was partly decreed by the trial Court as a result of which the respondent was declared tenant of two rooms with a carpet area of 37 sq. metres in respect of a demolished building belonging to the appellant and entitled to possession of equal area in the new building erected in its place on rent to be determined as per the provisions of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Act). An appeal filed by the appellant and the late respondent No.2 Pascoal was dismissed by the learned Addl. District Judge by judgment which is under challenge in this second appeal. The respondent claims to be a tenant of the ground

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