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BOMBAY HIGH COURT - BENCH AT GOA
N. A. BRITTO, J
Mr. Norberto V.A.C. De Andrade (deceased) represented by his legal heirs:- Mrs. Maria Olivia Miranda – Appellant
Versus
Mrs. Prema Nalband – Respondent
| Table of Content |
|---|
| 1. question of lease termination and applicable laws. (Para 1 , 2) |
| 2. details of lease agreement and conditions. (Para 3 , 4 , 5) |
| 3. grounds for eviction based on breach. (Para 6 , 7 , 8) |
| 4. court's reading of relevant laws. (Para 9 , 10) |
| 5. concurrence of parties on governing laws. (Para 11 , 12 , 13) |
| 6. arguments regarding the necessity of evidence. (Para 14 , 15 , 16) |
| 7. final judgment and implications of lease agreements. (Para 17 , 18) |
| 8. conclusion regarding no notice requirement for eviction. (Para 19) |
ORAL JUDGMENT:
This is the plaintiff/landlord's Second Appeal arising from R.C.S. No. 76/91/D and was admitted on a substantial question of law which was modified to read as follows :-
“ Whether the Decree No.43525 is applicable when the lease was created of an open plot on 11.1.1978 and, therefore, no notice was required to be given by the plaintiffs to the defendant before filing the suit for eviction. ”
2. The learned counsels appearing for the parties have now submitted that the answer to the said substantial question of law has got to be in the affirmative, but before the said submission is accepted by this Court there are a few facts which are required to be taken n
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