FRANCISO NORONHA Vs. JACINTO C. BARRETO MIRANDA
HIGH COURT OF BOMBAY
Jacinto C. Barreto Miranda
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(1.) The challenge in this petition is to the order dated 19/4/2016 (below Exhibit 23) passed by the learned District Judge, Margao, in Rent Appeal No.47/2013/DJ-2. By the impugned order the relief sought by the petitioner in terms of section 22 (3) of the Goa Daman and Diu Buildings (Lease, Rent and Eviction Control Act) (Act, for short) has been refused.
(2.) The brief facts necessary for the disposal of the petition may be stated thus, That the petitioner is a tenant of the respondent in respect of the premises which are subject matter of dispute.
(3.) On 24/10/1986, the respondent filed an application for eviction of the petitioner under section 22 (2) (a) of the Rent Control Act. The first summons in the case was issued on 25/11/1986 of which the date of appearance was 22/12/1986. The petitioner claims that he deposited L 7350/- on 14/12/1986 representing rent for 21 months, followed by a deposit of L 700/- on 22/12/1986 for the month of October and November 1986. It is thus contended that the petitioner had deposited/paid the entire rent from January 1985 to November 1986, entitling him to the benefit of section 22(3) of the Act.;
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