SIMAO MORAES Vs. GOVIND SITARAM PATKAR

JUDGEMENT

(1.) This writ petition challenges the order of the Civil Judge, Senior Division, Quepem dated 19.08.2008 restituting the suit property to the respondents herein who were the defendants in the original suit being Regular Civil Suit No. 43/1981/A.

(2.) It would be useful to consider the chronology of the litigation between the parties and the events under which the rights have been claimed by them. It has been the case of the original plaintiff (petitioner herein) that under the agreement of lease dated 01.05.1967 the shop on the ground floor of Chandraswar Prasad building in Matriz No. 10 at Curchorem was leased to the plaintiff by the defendants for two rooms and a verandah admeasuring 75 sq.mtrs. upon monthly rent of Rs. 175/-. It is his case that in 1968 he converted the western part of the verandah into a room. He used it initially to store liquor. He thereafter used it for his tailoring business and later used it for storing liquor.

(3.) It has been the case of the defendants that in 1970 the defendants had allowed one Godinho to use the suit premises, i.e. the converted room for tailoring business. Godinho died in1981.