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2013 Supreme(Bom) 978

R.P.SONDURBALDOTA, U.V.BAKRE
Guido Loyola Furtado – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Appellants:J.E. Coelho Pereira, Senior Advocate with J. Godinho, Advocate.
For the Respondent:U.R. Timble, V. Timble, Advocates.

Judgment :-

U.V. Bakre, J.

This is plaintiff's appeal from Judgment, Order and Decree dated 28/11/2006 passed by the learned Civil Judge, Senior Division, at Panaji Goa (trial Court, for short) in Special Civil Suit No. 46/96/B.

2. Parties shall hereinafter be referred to in the manner in which their names appear in the cause title of the said suit.

3. The Plaintiff had filed the said suit for recovery of vacant possession of the suit premises and for mesne profits calculated at the rate of Rs. 41,610.24/- per month w.e.f. 1/11/1995 until the defendant hands over effective possession of the suit premises to the plaintiff and along with interest on the said amount calculated at the rate of 18% per annum.

4. Case of the plaintiff, in short, is as follows:

The plaintiff is owner of part of the second floor of the premises at Diamond Chambers, 18th June Road, Panaji-Goa admeasuring about 2600 square feet (suit premises). The construction of the suit premises was completed in the first week of November 1984 and occupancy certificate was granted on 11/12/1984. Therefore, when the suit was filed, the suit premises were not covered under the Goa, Daman and Diu Buildings (Lease Rent & Evi






















































































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