SHIVRAM LADU NITARDEKAR Vs. ALEX FRENANDES

JUDGEMENT

(1.) This is plaintiff's second appeal arising from R. C. S. No. 253/79/c and was admitted by Order of this Court dated 17-4-1997 on a substantial question of law which reads as follows:-

(2.) There is no dispute that the plaintiff was the tenant of the respondent in respect of a tenement bearing House No. 83 situated at Comba, Margao admeasuring 23. 45 sq. meters on payment of monthly rent of rs. 15/ -.

(3.) The plaintiff alleging that on or about 24-9-1979 the defendants had damaged the said tenement and further alleging that the tenement was demolished by the defendants on 22-7-1979 filed the suit on 30-11-1979, inter-alia, for recovery of possession of the land where the tenement was situated and for restoration of the said tenement. The suit was resisted by the defendants stating that the tenement/suit structure was an old crumbing structure and although the defendants had requested the plaintiff to vacate the same in order to enable them to carry out the repairs the plaintiff had refused to vacate the same and had allowed by his own negligence and acquiesence the said tenement to deteriorate further and on account of the heavy rains the said structure became dangerous for occupation and in the month of July, 1979 part of the said structure collapsed. It is an admitted position that the plaintiff had vacated the tenement/structure prior to its demolition/collapse.