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2014 Supreme(Bom) 634

S.B.SHUKRE
Gurvir Inder Singh – Appellant
Versus
Marina Paes also known as Merilia Paes – Respondent


Advocates Appeared:
For the Appellant:Gopal M. Kanekar, Advocate.
For the Respondents:R1, R2, T. George John, Advocate, R3, R4, R5, Neha Kholkar, Additional Government Advocate.

JUDGMENT

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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