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2023 Supreme(Bom) 2041

M. S. SONAK
Bertalinha C. Novaes E. Lourenco – Appellant
Versus
F. X. Paulino Dias Souza – Respondent


Advocates appeared:
S.D. Padiyar, Advocate, Anthony Joe Dsilva, Advocate, P. Shirodkar, Advocate, K. Gracias, Advocate, A. Rane, Advocate, J. Abreu Lobo, Advocate

JUDGMENT/ORDER

1. Heard Mr S. D. Padiyar for the petitioner and Mr J. Abreu Lobo for respondent no.1.

2. The petitioner challenges the Judgment and Order dtd. 26/7/2019 made by the Ad-hoc District Judge-1 (FTC) at Panaji in her capacity as the Rent Tribunal disposing of Rent Revision Application No.10/2016 instituted by Mr F. X. Paulino Dias Souza (respondent no.1) - Landlord and ordering the eviction of the petitioner and respondent nos.2 to 8 from premises bearing House No.1/134/1 in Chalta No.128 of P.T. Sheet No.44 of City Survey Panaji (suit premises). This eviction is ordered under Sec. 32(4) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 (Rent Control Act) for the alleged failure on the part of the tenants in paying or depositing the rent during the pendency of proceedings for eviction.

3. The parties do not dispute that Mr F. X. Paulino Dias Souza (respondent no.1) or his predecessor in title owned the suit premises. According to the petitioner, respondent no.1's mother, Eugenia Dias, leased the suit premises to the petitioner's husband, Domingos Lourenco, for a monthly rent of Rs.25.00. The petitioner claims that this rent was revised to Rs.200.00 per month

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