GODFREE CARDOZO AND OTHERS Vs. FRANCIS BORGES

JUDGEMENT

(1.) By this appeal the appellants takes exception to the judgment and decree dated 8/3/2001 passed by the District Judge, South Goa, in Regular Civil Appeal No. 87/1999 dismissing the appeal preferred by the appellants against the judgment and decree 3/8/1999 passed by the Civil Judge Junior Division, Margao in Regular Civil Suit no.193/92/C.

(2.) The appellants are the legal representatives of the original plaintiffs Fr.Caitano Piedade Santana Cardoz who filed the suit against the respondents seeking compensation of Rs. 200.00 per month from June 1990 to Nov., 1990 and Rs. 250.00 per month from Dec., 1990 onwards till handing over of the suit area and also demolishing and removal of the shed structure erected therein. The plaintiffs also sought cancellation of the agreement dated 4/6/1990 and eviction of the defendants. The parties hereinafter shall be referred to as per their status before the trial Court.

(3.) The defendant resisted the suit and he claimed that he was in possession and in occupation of the property mentioned in the agreement for the last about 15 years as tenant. The defendant also contended that he was a tenant under the Rent Control Act. On the basis of the pleadings of the parties the following issues were framed: