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2005 Supreme(Bom) 1700

N.A.BRITTO
Kishen Kumar Narandas Jobanputra – Appellant
Versus
Purushottam Mathurdas Raithatha (Deceased through L. Rs. ) – Respondent


JUDGMENT: - This is defendant's Second Appeal arising from the Special Civil Suit No.85/86/A and was admitted by order of this Court dated 23 - 06 - 2000, on a question of law which reads as follows:

Whether in the facts and circumstances the Court below was right in awarding mesne profits at the rate of Rs.75/ - per day?

2. The Respondent no.1, now represented by the legal heirs, were duly served, but have chosen not to contest this appeal. The Respondent no.2 as can be seen from the order of this Court dated 10 - 10 - 2002 was a firm which is no more in existence, and the partners of which are already on record as legal heirs of Respondent no.1.

3. The parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

4. The Plaintiffs (Respondents before this Court) had filed the said Civil Suit for the eviction of the Defendant from residential House No.E - 499 admeasuring about 177 sq. mts. belonging to one Shri. Sertorio Coelho and situated at Father Agnelo Road at Panaji, of which the plaintiffs were the tenants and were paying to the said Sertorio Coelho a monthly rent of about Rs.80/ - upto the year 1981.

5. The Pl














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