GOA STEEL TRADERS Vs. SHRIKANT RAIA POI RAITURKAR

JUDGEMENT

(1.) HEARD Mr. Coutinho, learned Counsel for the appellants and Mr. Lotlikar, learned Senior Counsel for the respondents. By this Second Appeal, the appellants take exception to the judgment and decree dated 24th September, 2010 passed by the District Judge -I, FTC at Margao in Regular Civil Appeal No. 102/2010 by which the appeal preferred against the judgment and decree dated 23rd December, 2009 passed by the learned Civil Judge, Junior Division, Margao in Regular Civil Suit No. 153/2000/C has been partly allowed.

(2.) THE respondents filed the above suit against the appellants herein seeking the following reliefs :

(3.) THE suit was filed by the plaintiffs primarily on the ground that defendant no.1 was lessee of the suit shops along with the open space and defendant no.1 was not entitled to assign, transfer or sublet any part thereof. However, defendant no.1 sublet the premises to defendant no.2, who converted the suit shop into the restaurant and put up pipeline in order to allow the dirty water to pass in the backside of the suit premises. Defendant no.2 was Shri Chandubhai Kotecha, who filed the written statement. Thereafter, amendment was carried out in the cause title and defendant no.2 was substituted by Shri Chandubhai Raithata, who did not file any separate written statement. The trial Court, upon appreciation of the evidence led by the parties, dismissed the suit. The lower appellate Court partly allowed the appeal in aforesaid terms.