JOSE FILIPE DE COSTA Vs. CONCEICAO DE MELLO

JUDGEMENT

(1.) This revision application is filed against the order of the Junior Civil Judge, Vasco da Gama, dated 12-6-1974. By the said order the learned trial Judge rejected the preliminary contention raised by the petitioners/defendants that the Civil Court had no jurisdiction to try the suit.

(2.) The respondent/plaintiff was the tenant of the applicant No. 2/defendant No. 2 in respect of a shop. The shop was given by the plaintiff to the applicant No.1/defendant No.1. The present suit is filed for obtaining the various reliefs mentioned in plaint. The plaint inter alia, states:-

(3.) In their written statement the defendant No.1 raised the issue that he was a sub-tenant of the mother of the plaintiff and that the plaintiff s mother was originally tenant of the defendant No. 2, but late on defendant No. 2 objected to the sub-tenancy created in favour of defendant No. 1 and threatened eviction of the plaintiff. An issue was in fact framed as to whether the defendant No. 1 was the sub-tenant of the plaintiff.