M.S.SONAK
Maria Martinha Menezes – Appellant
Versus
Sonny Correia – Respondent
JUDGMENT
M S Sonak, J. - Heard Mr. Nitin Sardessai, learned Senior Advocate with Mr. K. Sabnis for the Petitioner and Mr. S. S. Kakodkar learned counsel for the Respondents No.3 and 8.
2. The challenge in this petition is to the judgment and order dated 30.04.2009 made by the Administrative Tribunal, Goa in Eviction Appeal No.44/1998 setting aside the judgment and order dated 09.01.1998 made by the Additional Rent Controller-IV, Margao in case No.BLDG/13/ARC-I/95.
3. The matter has a checkered history. However, it would suffice to refer to the following:
(a) The petitioners claim to be the tenants in respect of premises in the building bearing No.E-82 at Margao (suit premises) owned by the respondents paying a monthly rent of Rs. 200/-;
(b) Apprehending that the respondents or their predecessors in title might demolish the building in which the suit premises were located, the petitioners vide application dated 03.05.1980 filed before the Rent Controller applied for restraint on demolition and also urged that the penalties in terms of Section 54 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (Rent Act) be imposed upon the respondents;
(c) On 24.10.1980 t
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