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1994 Supreme(Bom) 240

E.S.DA SILVA
R. G. Gangadharan – Appellant
Versus
Francisco Barreto Lopes and another – Respondent


JUDGMENT- Dr. E.S. DA SILVA, J.:---The petitioner challenges by this petition under Articles 226 and 227 of the Constitution the judgment and order of the Administrative Tribunal, dated 28-12-1989, made in Eviction Appeal No. 49/86 which has unsettled the order of the Rent Controller dated 23-7-1986, in Case No. Rent/15/78.

2. By the aforesaid Order the Rent Controller had dismissed four applications of the respondent dated 18-4-1985, 11-9-1985, 6-12-1985 and 10-1-1994 seeking to obtain the stopping of the eviction proceedings instituted by him against the petitioner for non-payment of rents with a prayer that the respondent should be put in possession of the premises.

3. The petitioner is a statutory tenant of the respondent in respect of the part of the first floor of the house bearing No. E-162 behind Post Office Panaji on a monthly rent of Rs. 203 inclusive of electricity and water charges. The petitioner was earlier paying a monthly rent of Rs. 200/- and Rs. 15/- per month towards the water and electricity charges. Subsequently respondent No. 1 filed an application for fair rent in which the rent was fixed at Rs. 188/- per month inclusive of water and electricity charges. The re



















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