CEDRIC J J DSOUZA Vs. RAVJI J KOLWALKAR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Mr. Mulgaonkar, learned Counsel waives service on behalf of the respondent. Heard finally with the consent of the parties.

(2.) By this application, the applicants are challenging the order dated 10.04.2015 passed by the Ad-hoc Senior Civil Judge, Mapusa, by which the application filed by the respondent/defendant no. 1 purportedly under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (the Act of 1968, for short) has been allowed, thereby directing the respondentplaintiff/Assistant Engineer to restore the electricity supply to the suit shop. The order also shows that the Court had directed issuance of notices on payment of process fee.

(3.) It is contended by the learned Counsel for the petitioners that according to the petitioners, the respondent is not a tenant and the suit shop was given to the respondent on leave and license basis. It is contended that as such, the provisions of Section 35 of the aforesaid Act of 1968 would not apply. It was also contended that the respondent has not raised any counterclaim that they are the tenants. It is submitted that even otherwise, under Section 35 of the Act of 1968, the Court has to conduct an enquiry and the impugned order does not show whether it is an interim or a final order.