filed i.e. on 4.2.1980, the suit building was
governed by decree No.43525; since the Goa Rent Control
Act was in force only ... Rent Control Act notwithstanding
repeal of the provisions of decree No.43525 dated
7.3.1961 and Legislative Diploma No.1409, dated 14.2.1952
and, the corresponding provisions
relevant time the law governing the creation of tenancy was the Decree No. 43525 of 1965 whereby in normal circumstances written agreement was required ... lease was created, i.e., during the pendency of the Decree No. 43525 which was the existing law immediately before the Rent Act came into
Rent
Act. The High Court also examined and considered Decree No.
43525 of the Portuguese Civil Code and observed and held that in
4
view ... Section 59 of the Goa Rent Act and the repeal provision,
Decree No. 43525 of Portuguese Civil Code shall stand repealed
and the parties shall
Civil Judge S.D., Panaji. The suit was filed under Decree No. 43525 of the Portuguese Rent Legislation then applicable to the area where ... Section 59 could not be attracted to proceedings filed under Decree No. 43525 insofar as eviction on the ground of non-payment of rent
them were necessary parties.
3. The suit was instituted under Decree No.43525 and during the pendency of the suit, Goa, Daman and Diu Rent ... required to be given in respect of the same under the Decree No.43525 and once the learned single Judge had come to the conclusion
application:
1. Whether the appellants are covered and protected under Decree No. 43525 dated 8.6.1961 and/or under the Goa. Daman and Diu Agricultural Tenancy ... also submitted that there is a certain decree bearing No. 43525. Mr. Dessai submitted that since the appellants are entitled to protection under the said
landlord, particularly in matters of eviction. Under the Rent Control Decree 43525 which was in vogue in Goa stipulates that eviction can be ordered ... compensation to the landlord. The relevant provisions of the Decree 43525 are as follows :---
"Section 88-1. The eviction, to be decreed
filed on 10-4-80 at the time when the Decree No. 43525 dated 7-3-1961. was in force. The Act was enforced selectively ... brought into force in that local area, the provisions of Decree No. 43525 dated 7-3-1961 and Leg. Diploma No. 1409 dated
barred by limitation;
(2) Sub-letting was permissible under the Decree 43525 under which the lease was created; and
(3) Valuable consideration for transfer ... brought into force in any local area, the provisions of Decree No. 43525, dated the 7th March, 1961, and Legislative Diploma No. 1409, dated
respect of those premises the provisions of the Portuguese Decree No. 43525 shall continue to apply. It has been further held in the said decision ... that the said Decree No. 43525 prescribes for regulating the relationship between landlord and tenant and the rights are not governed by the provisions
