NARCINVA PANDHARINATH NAGVENKAR Vs. ANJALIBAI BHASKAR MHAPSEKAR

JUDGEMENT

(1.) Facts:

(2.) Pending the trial the landlady and the original tenant, too, died. The legal representatives were brought on record on either side. The Rent Controller under the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968 ("the Rent Control Act"), dismissed the suit, through Judgment, dated 6th February 2003. Aggrieved, the respondents filed an appeal; it was initially before the Administrative Tribunal. But because of the amendment to the Rent Control Act, the Appeal was transferred to the District Court of South Goa, numbered as Rent Appeal No.9/2013. Eventually, through Judgment, dated 21st February 2018, the appellate Court has allowed the eviction application. Thus, faced with the eviction, the tenants have filed this writ petition under Article 227 of the Constitution of India.

(3.) Shri Jagannath Jayant Mulgaonkar, the learned counsel for the petitioners, has submitted that the Rent Controller has found the comparative hardship in the tenants' favour. As to the change of user, the authority has also found, according Shri Mulgaonkar, that the dominant use of the leased property has continued to be residential. He has stressed that there was no occasion for the appellate Court to disturb those findings. In this context he has drawn my attention to Sections 23 (3) and 25 of the Rent Control Act.