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2018 Supreme(Bom) 2063

NUTAN D.SARDESSAI
Blaze Fernandes – Appellant
Versus
Joaquim Herlander Coelho Pereira – Respondent


Advocates:
Advocate Appeared:
For the Appellant : F.E. Noronha.
For the Respondent: J. Godinho.

ORDER :

1. The applicant seeks a writ to quash and set aside the order passed by the learned Civil Judge Junior Division Panaji dated 08.03.2018 pursuant to which the application moved by the applicant for rejection of the plaint under Order 7, Rule 11 of the Civil Procedure Code came to be dismissed. The applicant is the original defendant and the respondents are the plaintiffs before the Trial Court who would be referred to as the applicant and the respondents for brevity's sake hereinafter.

2. The case of the respondents briefly was that the father and later his mother was a statutory tenant of the commercial premises of which the applicant continued in possession. The respondents had taken a plea that the applicant was in illegal possession and occupation of the suit shop and sought for a direction to deposit the mesne profits by their application under Order 15-A of the Civil Procedure Code. The applicant had filed an application under Section 18 of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 for the deposit of rent as a tenant which was granted by the Trial Court while the application of the respondents under Section XV-A came to be dismissed. Both these orde

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