PREMA SHAMSUNDERDINKAR Vs. RENTCONTROLLER GOA

JUDGEMENT

(1.) -IN this appeal, the Appellants/original Defendants in proceedings before the Rent Controller, Goa, in Case No. Rent/ 40/80, impugn the legality of the Order of the Single Judge of this Court in writ Petition No. 375 of 1989. The learned Single Judge affirmed the orders of the Rent Controller and Appellant Tribunal thereby confirming the order of eviction under Section 22 (2) (a) of the Goa, Daman and Diu buildings (Lease, Rent and Eviction) Control Act, 1968, hereinafter referred to as "the Act".

(2.) THE impugned Order reveals that before the learned Single Judge two poipts were urged: firstly, the Appellants urged that the finding that the notice was given to the Petitioners is erroneous. This was rightly negatived because the notice by registered post was issued. When it could not be served, an intimation of the registered letter was left for the Petitioners. The postal authorities endorsed that it was "unclaimed". Thus, the evidence that the notice was tendered and not claimed by the Petitioners was accepted. No doubt, the Petitioners testified that the notice was not received. But the question of service of notice, the evaluation of the evidence and the understanding of the presumption of service are factors in the realm of appreciation of evidence. The Courts of facts have done it. There is no case for interference with the finding of fact. The second point urged was that so far as the deposit of costs are concerned, the Petitioners did not know the exact amount which they were expected to pay or deposit. This too was rightly negatived because if the amount was not known, there is an obligation on the Petitioners to deposit the amount with the Rent Controller in the manner laid down by the judgment of this Court on which the Appellate Tribunal has relied.

(3.) ADMITTEDLY, the deposit of rent was not made within 30 days from the date of receipt of the notice. The finding of fact is that the notice of demand was served on him. Therefore, the authorities were right in holding that the default was complete. .