JUDGMENT :- The sole question which falls for determination in this appeal filed by Jit Singh Chandok, the tenant, against Naraindas Gokuldas, the landlord, is whether the provisions of Section 979 of the Portuguese Civil Procedure Code, hereinafter called the Code, have been repealed or amended by clause (2) of Section 99 of the Portuguese Decree No. 43525, dated 7-3-1961, hereinafter referred to as the Decree.

2. The facts which have given rise to the legal issue aforementioned between the parties may shortly be stated. One Abdul Razak, a native of Kuwait, had taken the premises in dispute on lease from Naraindas Gokuldas on 9th of June 1961 against total rent of Rs. 396 per mensem for a period of 7 months. On the expiry of that period and while Abdul Razak was away to Kuwait, the landlord instituted a suit for his eviction on 12-2-1962 on the allegation that the lease agreement had concluded. On his return to Goa, Abdul Razak resisted that suit by denying that the lease had expired by efflux. In his resposta dated 1-6-1962 the landlord prayed for immediate eviction of Abdul Razak under Section 979 of the Code on the allegation that he had failed to pay rent which had fallen due d

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