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1977 Supreme(Goa) 10

TITO MENEZES
Dr. Adolfo Braulio Cesario Rodrigues Fernandes – Appellant
Versus
Narayan Sidapa Kadam – Respondent


Advocates Appeared:
Ataide Lobo, for Applicants; R.M.S. Khandeparkar and M.S. Usgaonkar, for Respondent.

Judgement

ORDER :- This is an application under S. 152 of the Civil P. C. The applicants state that the word "case" occurring in the last sentence of the judgment of this Court dated July 26, 1976, was due to an error arising therein from an accidental slip or omission used for the words "issue of eviction" and pray that the error be corrected accordingly.

2. The applicants/plaintiffs filed a suit against the respondent/defendant in the Civil Court for the eviction of the defendant from a dwelling house and also for recovery of arrears of rent, for mesne profits, for an injunction restraining the defendant from carrying on some additional construction and for some other reliefs. The defendant raised before the Civil Court the preliminary objection that the Civil Court had no jurisdiction to decide the question of eviction. This objection was overruled by the Civil Court. The defendant came before me in revision (C. R. A. 26/76). The point raised by the defendant in the said revision application was that "the finding of the lower Court that the jurisdiction of the Civil Court is not ousted as far as the prayer for eviction, is totally wrong". This was admittedly the only point befor










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