TARAMATI H WADKER Vs. RUI J VALLADARES

JUDGEMENT

(1.) This Writ Petition is directed against Order dated 9-5-2005 of the learned Administrative Tribunal, Panaji, by which the learned Administrative Tribunal has rejected an application for condonation of delay in filing the appeal, filed by the petitioners herein, on the ground that it is barred by res judicata.

(2.) Some facts are required to be stated to dispose of this Writ Petition. The landlady(now represented by the Respondents herein) had filed an eviction suit against the tenant(now represented by the petitioners), inter alia, on the ground of non-payment of rent before the Rent Controller.

(3.) Records and Proceedings of the Rent Controller show that as the proceedings of the said eviction case came towards an end on 8-10-2001 the landlady's witness was examined but Shri Rohidas Wadker (one of the petitioners who was present) chose not to cross-examine the said witness. On 22-10-2001, the said petitioner declined to give his own evidence and therefore the date was fixed for written arguments on 21-11-2001 on which date, on behalf of the landlady, written arguments were filed. One of the petitioners who was present did not file any written arguments. The proceedings were fixed on 21-12-2001, and on this day, an order of eviction was made in the presence of the Advocate of the landlady and the said petitioner Rohidas Wadker.