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2021 Supreme(Bom) 590

BHARATI H.DANGRE
Messrs Kamta Corporation – Appellant
Versus
Joaquim Cupertino Costa – Respondent


Advocates appeared:
V.R. Tamba, Advocate, A.D. Bhobe, Advocate

JUDGMENT

Bharati H. Dangre, J. - Rule. Rule is made returnable forthwith with the consent of the learned Advocates appearing for the parties.

2. Being aggrieved by the judgment passed in the Rent Appeal No.1 of 2019 by the District Judge-2 Panaji, dismissing the appeal preferred by the petitioner against the judgment and order of the 1st Fora, Civil Judge Junior Division 'C' Court, Ponda, the petitioner, is before this Court.

The petitioner before this Court is tenant. The respondent is the landlord who had instituted an action for the petitioner's eviction under the provisions of Goa, Daman and Diu (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as "Rent Act").

3. In order to appreciate the contention of the petitioner the necessary facts are culled out as under:

A Lease Deed was executed on 10/04/1986 at Ponda, Goa between Shri Joaquim Cupertino Costa (respondent) and his wife Mrs. Annie D'Costa on one hand and M/s Kamta Corporation, Panjim (petitioner) represented through its three partners in respect of shop No. 4 on ground floor of a building called as "Jaan Apartment" on plot No. 77 situated at Ponda within limits of Ponda Municipal area and Taluka and Sub-

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