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2021 Supreme(Bom) 108

BHARATI DANGRE
Elia Eufemia Eremita D'Silva – Appellant
Versus
Anil Sada Chari – Respondent


Advocates Appeared:
For the Appellants :C.A. Coutinho, Advocate
For the Respondents:C.A. Ferreira, S. Karmalkar, Advocates

JUDGMENT :

1. The appellant, the original plaintiff is aggrieved by the judgment and decree passed by the District Judge, South Goa at Margao in Regular Civil Appeal No.21 of 2001, thereby setting aside the judgment and decree dated 21st December 2000 in his favour, directing the original defendant and their legal heirs to quit and vacate the suit premises by delivering vacant possession thereof to the plaintiff.

2. Compendiously and concisely, the relevant facts absolutely necessary and germane for adjudication of the present appeal can be stated to be as under:-

One John Gomes, son of Antonio Gomes and Damaceno Gomes, the predecessor in title of the appellant filed an application for eviction under Section 22 of the Goa, Daman and Diu Buildings, (Lease, Rent and Eviction) Control Act, 1968, on 23rd January 1984 seeking eviction of one Sada Chari from a house bearing new house no.69 and old house no.119 situated in the property recognized as ''Mordi'' or 'tanki' at Navelim Salcete Goa under Chalta No.3 of P.T. Sheet No.305, City Survey Margao i.e. the suit premises. The opponent/defendant filed written statement denying the landlord/tenant relationship. The Rent Controller ordered in

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