S.B.SHUKRE
Gurvir Inder Singh – Appellant
Versus
Marina Paes also known as Merilia Paes – Respondent
1. Heard. Admit. Heard finally by consent.
2. This appeal is preferred against an order passed on 07.08.2013 by the learned District Judge-1, Mapusa, in Civil Suit No. 5/2012, thereby rejecting the applications for interim reliefs as per Exhibits 4, 5 and 6.
3. The short point involved in the appeal is :- whether the discretion exercised by learned District Judge-1, Mapusa in refusing injuctory reliefs to the appellant is arbitrary and perverse?
4. The case of the appellant is that he is the tenant of respondent no. 1 in respect of House No. 1150 at Ximer, Candolim, (herein after called as “suit house”) since November, 2010 on monthly rent of Rs. 7,000/-. It is the case of the appellant that the suit house has been let out to him for residential and commercial purpose. He has submitted that in the past, respondents no. 1 and 2 had attempted to evict the appellant, therefore, a police complaint was filed by him. The matter, however, was compromised on 12.01.2011.
5. The appellant further submitted that respondent no. 1 refused to accept the rent and therefore he sent the rent by money orders for the months of November and December, 2011. He submitted that on 10.11.2012, resp
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