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2013 Supreme(Bom) 539

U.V.BAKRE, V.M.KANADE
Madhukar V. Khandeparkar – Appellant
Versus
Administrative Tribunal – Respondent


Advocates Appeared:
For the Appellants:S. D. Lotlikar, Senior Advocate with H. Kankonkar, Advocate.
For the Respondent:R2 to R5, V.P. Thali, Advocate.

Judgment :-

U.V. Bakre, J.

By this Letters Patent Appeal, the Judgment dated 14/11/2008 passed by the learned Single Judge of this Court in Writ Petition No. 282 of 1999 has been challenged.

2. Facts which are relevant for the purpose of disposal of this appeal, in short, are as follows :

Eviction proceedings were initiated against the deceased appellant no.1 and his wife, the appellant no. 2(defendants) by respondents no. 2 to 7 and two others (plaintiffs), by way of Regular Civil Suit No. 267/1975 in the Court of Civil Judge, Junior Division, Panaji. The suit house is the house bearing Village Panchayat No. 525 situated at Taleigao. The Plaintiffs contended that the suit house was built up by one Radhabhai Khandeparkar alias Oidem, in the property of the plaintiffs with their permission and she was residing there alone as licensee and died in 1975 without leaving any heirs and upon her death, the suit house remained closed. The plaintiffs further claimed that on or about 28/07/1975, the defendants who were residing in a house bearing Village Panchayat No. 560 in the same Village started illegally occupying the suit house and refused to vacate it when called upon to do so. Therefo







































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