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2012 Supreme(Bom) 2274

F.M.REIS
Anthony Jose Nazareth Rodrigues – Appellant
Versus
Manikbai S. Vagle – Respondent


Advocate Appeared
Mr. Nigel Da Costa Frias with Ms. J. Fernandes, Advocates, for the petitioners:
Mr. V.P. Thali. Advocate for respondent Nos. 2 to 8.

JUDGMENT

F.M. Reis, J.- Heard Shri Nigel Da Costa Frias, learned Counsel appearing for the petitioners and Shri V.P. Thali learned Counsel appearing for the respondents No. 2 to 8.

2. Rule, Heard forthwith with the consent of the learned Counsel.

3. Shri V.P. Thali learned Counsel waives service on behalf of the respondent Nos. 2 to 8.

4. The above petition challenges the order passed by the learned Rent Controller and Deputy Collector dated 16/08/1999 as well as the judgment passed by the learned Administrative Tribunal dated 02/09/2010 in Eviction Appeal No. 59/1999.

5. Briefly, the facts of the case as stated by the petitioners are that the petitioners are the tenants in respect of the premises bearing H.No. 80 and appurtenant land situated in the property bearing Chalta Nos. 25 and 34 of P.T. sheet No. 43 of City Survey Panaji. admeasuring an area of 241 square metres. It is the contention of the petitioners that the petitioner No.1 has been conducting business in the said premises in the name and style of 'Jose Bar & Restaurant'.

6. Respondents No. 1 to 8 filed the Eviction application No. 80/1990 under Section 30 of the Goa, Daman and Diu Buildings (Lease, Rent & Eviction) Act, 1






















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