ROSABELLA CELIA FERNANDES DAUGHTER OF NELSON NAZARETH WIFE OF CARLOS C FAUSTO FERNANDES Vs. ANIL KHER,

JUDGEMENT

(1.) This Appeal is preferred by landlord against the Judgment and Decree dated 7.3.2000, dismissing the suit, passed by the learned Civil Judge Senior Division at Panaji, in Special Civil Suit No. 138/89/A, filed for recovery of possession of flat and mesne profits towards wrongful occupation thereof by the defendants.

(2.) According to the plaintiff the defendant nos.1 and 2 began to occupy the suit flat as licencees from January 1989, on monthly compensation fixed at Rs. 1200/-.

(3.) According to the plaintiff the licence was terminated and the possession of the flat was sought. The defendants however refused to comply and on the other hand claimed that the defendants are the tenants of the suit flat and denied the licence and its termination etc. They claimed that since 1987 they were in the occupation of the suit flat as tenants. The defendants have put up a specific story in the written statement as follows: