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2004 Supreme(Bom) 1577

N.A.BRITTO
Keith Nazareth – Appellant
Versus
Miriam Dossa – Respondent


Advocates:
Advocate Appeared:
Mr. Sudin Usgaonkar, Advocate for the appellant.
Mr. S.G. Dessai, Senior Advocate with Mr. Shivan Dessai, advocate for the respondent.

JUDGMENT

N.A. Britto, J.

These are plaintiffs second appeals.

2. The parties hereto shall be referred to in the names as they appear in the cause title of the suits:

3. The plaintiff is the owner of a property known as "Maddem" having land registration No. 29031, Matriz No. 2290 surveyed under No. 114/5 with a house in it, situated in Umtawaddo of Calangute village.

4. The plaintiff by virtue of an agreement dated 24.9.1976 let out to defendant No. 1 the said house as per the plan attached with compound at the back of the house and a strip of land which went up to the seashore; on payment of a monthly rent of Rs. 775/-. The lease was for a period of 22 years from 1.4.1976, for the purpose of running a guest house. Considering the nature of the business, it was agreed between the parties that rent would be Rs. 425/- per month for the first year and with a proportionate increase of Rs. 50/- every subsequent year. Clause 9 of the said Deed, which is most relevant, reads as follows :

"The lessee shall be allowed to carry on in the demised premises repairs and make such additions and alterations as shown in the plan hereto annexed as Exh. B. The lessee, however, at the time of handing over po



















































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