FERNANDO MASCARENHAS Vs. ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) HEARD learned Counsel for the petitioner and the respondents.

(2.) BY this Petition the petitioner is challenging the Judgment and Order dated 17.8.2000 passed by the learned Administrative Tribunal, Goa allowing the appeal whereby setting aside the Judgment and Order which was passed by the Additional Rent Controller, Mapusa dated 27.2.1996.

(3.) THE respondent/tenant by then had expired and his widow who was running the said Safari Hotel gave evidence on behalf of the respondent/tenant. In the evidence the respondent/tenant in clear terms had admitted that she was maintaining a hotel register wherein the details of the lodgers are mentioned. She had also mentioned that the hotel used to issue receipts to the lodgers and the register with regard to the Rent receipts was also maintained. However, on the next date, though she had earlier agreed to produce the same, she declined to produce both the lodgers register as well as the register regarding rent receipts. In cross examination, the said respondent/tenant had categorically admitted that all those five occupants used to lock their respective rooms and used to keep their keys with them and their exclusive possession was not disputed.