BOMBAY HIGH COURT
M. S. SONAK, J
Smt. Filomena Mudgal (since deceased), widow of Joseph Mudgal, through heirs, appellants no.5 to 8 – Appellant
Versus
Shri Joe Mahindra Monteiro – Respondent
| Table of Content |
|---|
| 1. defendants' interference and destruction of premises. (Para 1 , 3 , 4) |
| 2. injunction sought to protect tenant's rights. (Para 5 , 6 , 7) |
| 3. discussion on the survival of tenancy rights. (Para 10) |
JUDGMENT:
1. Heard Mr Shukr Usgaonkar for the appellants. The respondents, though served, were neither present nor represented. 2. The appellants are the original plaintiffs, and the respondents are the original defendants in Regular Civil Suit No.131/1998 instituted in the Court of the Civil Judge, Junior Division at Margao (Trial Court).
3. The appellants instituted the suit for injunction to restrain the respondents from interfering with the suit premises and/or dispossessing the appellants from the suit premises or blocking their access to the suit premises, or causing loss or damage to the suit premises either by demolishing the same or any portion thereof. The appellants had claimed in the suit that they were the tenants of the suit premises, of which the respondents were the landlords.
4. The appellants amended the suit because it was their case that during the pendency of the suit the suit premises were destroyed due to acts attributable to the respondents. Mr Usgaonka
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