NANESHWAR MARALKAR Vs. ESMERALDO REGO FERNANDES

JUDGEMENT

(1.) The present Writ Petition, filed by the petitioner/tenant since deceased, through his legal representatives assail the judgment and order passed in the Rent Appeal no.7/2013 passed by the District Judge-I, Panaji on 11.04.2019. The said judgment, set aside the order passed by the Addl. Rent Controller and Dy. Collector of North Goa, Panaji in Rent/ARC/N/1/91 dismissing the application for eviction filed by the respondent, on the ground of denial of her title.

(2.) In order to appreciate the correctness of the impugned judgment, it would be necessary to delve into the background by running through the proceedings instituted by the respective parties.

(3.) The dispute revolves around house bearing No. 38/A situated in Corte De Oiteiro at Panaji Goa. The owner of the said house is one Antonio Neri Francisco Fernandes. The said house was leased out to Chintamona Boirov Moralkar by executing Lease Deed on 17.09.1952. The said Lease Deed was subjected to renewal from time to time and on 17.09.1959 it was renewed. The tenant Chintamona, expired and the present petitioner Mr. Naneshwar Maralkar stepped into his shoes and continued as tenant of the premises. The petitioner continued to pay the rent to the land owner till he breathed his last in 1976. The rent thereafter came to be paid to Esmeraldo Rego Fernandes, widow of Antonio, the respondent no.1, who is also represented in the petition through her legal heirs, on her demise. The tenant continued to pay the rent for almost 15 years without any default every month.