ARMANDO J B MASCARENHAS Vs. SUNITABAI SOMNATH DHUNGAT

JUDGEMENT

(1.) THIS Writ Petition is filed against the Order passed in Eviction Appeal No.32 of 1994 by the Administrative Tribunal of Goa on 31 3 1997. The present Petitioner filed Case No.Rent/ARC/4/85 in the Court of Additional Rent Controller and Deputy Collector (LA), Collectorate of North Goa District, Panaji , for the possession of the suit premises leased to the present Respondents.

(2.) THERE are certain admitted facts which will give the background of the dispute. The Petitioner happens to be the owner of the building known as Mascarenhas Building . The Respondent was a tenant in the said building having his shop where he was selling paints, hardware, steel, construction material and cement. The Petitioner claimed the possession of the shop premises because he wanted to pull down the building and to construct a new building. An eviction suit was filed on that ground and the suit was decreed in favour of the present Petitioner. So, the Respondent vacated the premises and shifted his shop in one building opposite to the suit premises known as Dempo Building . After the new building was constructed, the Petitioner gave offer to the Respondent for taking the shop No.4 on monthly rent of Rs.1,514 40. However, the Respondent raised the dispute that the rent was excessive and also that he ought to have been given two shops and he demanded the adjacent Shop No.5 also. And in this background, the lease deed was executed between the Petitioner and the Respondent on 21st January, 1972.

(3.) THE only ground which was raised before the Rent Controller for claiming the possession of the premises was that the premises was leased for running the shop for sale of paints, hardware, steel, construction materials and cement. However, the Respondent changed the user of the premises and instead of having the shop for sale of these articles, he used the premises as a godown . So, it was a case by the landlord claiming possession as per the provisions of Section 22 (2) (b) (ii) of the Goa , Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as the 'Rent Control Act').