M.S.SONAK
Susheela U Karn – Appellant
Versus
Familia Barboza – Respondent
JUDGMENT
M S Sonak, J. - Heard Mr. S. D. Lotlikar, learned Senior Advocate who appears along with Ms. S. Kenny, Mr. G. Agni, learned counsel for Respondent No.1 and Mr. B. Fernandes learned counsel for Respondent No.2.
2. Rule. The rule is made returnable forthwith at the request and with the consent of the learned counsel for the parties.
3. In the present case, the Petitioner had applied under Section 35 of the Goa, Daman, and Diu Buildings ( Lease, Rent, and Eviction ) Control Act, 1968 ( the said Act) before the Rent Controller seeking restoration of the electricity connection against the landlord i.e. Mr. Napoliao Gracias.
4. The Rent Controller made an ex-parte order dated 27.10.2009 directing the restoration and thereafter issued notice to Mr. Napoliao Gracias to show cause as to why the ex-parte should not be confirmed.
5. Before the Rent Controller could proceed further in the matter, Respondent No.1 Ms. Familia Barboza instituted a Rent Revision No.21/2013 before the Appellate Board questioning ex-parte order dated 27.10.2009 inter alia on the ground that she is the owner of the suit premises.
6. The Appellate Board by the impugned order dated 12.07.2019 has set aside the ex-pa
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