JULIA RODRIGUES Vs. NARAYAN NAIQUE

JUDGEMENT

(1.) This Second Appeal is at the instance of the plaintiff in R.C.S. No. 239 of 1973.

(2.) Heard Shri R.G. Ramani, learned Counsel on behalf of the appellants/plain- tiffs. The defendants/respondents have cho sen not to remain present.

(3.) At a time when the Goa Rent Control Act was not enforced in village Chinchinim, the plaintiffs filed the suit with the allegation that the defendants were in arrears of rent for nine months in respect of a room which was let out to them i.e. by the plain- tiffs husband on 21-2-1973 for a period of eight months. The defendant resisted the claim contending that the defendants were the mundkars in respect of the suit house. The plea taken by the defendants was negatived first by the Mamlatdar and finally by the Administrative Tribunal. Once the said plea was negatived the defendants could not have had any right to hold on unto the house or the land. The claim of the plaintiffs was therefore decreed by the trial Court only to be upheld by the. first Appellate Court, on a specious plea that the suit room was not identified.