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2006 Supreme(Bom) 937

N.A.BRITTO
Maria Manuela Piedade – Appellant
Versus
Vassant Shet Shirodkar – Respondent


BRITTO N.A., J.: - This is plaintiffs second appeal arising from the suit for eviction f1led by the plaintiff against the defendant which came to be decreed by the trial Court but which came to be dismissed by FAC (First Appellate Court) by Judgment dated 9.9.2003.

2. At present, there is no dispute that the defendant entered into an agreement initially with the mother of the plaintiff dated 1.6.1981, under which, the defendant came to occupy six rooms of their house on payment of monthly compensation of Rs. 200/-. One of the conditions of the said agreement vas that the agreement was for a period of eleven months but renewable upon execution of a new agreement, if both the parties agreed. After the death of plaintiffs mother, the defendant executed an agreement dated 1.3.1984 with the plaintiff. Under this agreement, the defendant was allowed to occupy three rooms, other than those which were allowed to be occupied under the agreement dated 1.6.1981. The compensation payable remained the same. Thereafter, the defendant executed with the plaintiff agreements dated 1.2.1985, 1.11.1988, 1.10.1989 and lastly agreement dated 1.9.1990. All the earlier agreements (except agreement dated 1















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