VASANT ANANT NAIK Vs. DINAR DAMODAR ALVE

JUDGEMENT

(1.) HEARD Mr. Naik, learned Counsel for the petitioners and Mr. Lotlikar, learned Senior Counsel for the respondents. By this petition under Article 227 of the Constitution of India, the petitioners take exception to the judgment and order dated 22nd June, 2009 passed by the Administrative Tribunal in Eviction Appeal No.23/2008 allowing the appeal filed against the judgment and order dated 25th February, 2003 passed by the Rent Controller, Margao in BLDG/ARC -I/13/92.

(2.) THE petitioners filed an application under Section 35 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 ('The Act' for short) on the ground that the respondents had threatened to demolish the bagel like structure which was being used to store firewood, for taking bath, washing utensils and for doing other daily works. The Rent Controller initially granted ad interim relief which was confirmed by the judgment and order dated 25th February, 2003. The Administrative Tribunal has set aside the judgment and order passed by the Rent Controller.

(3.) PER contra, Mr. Lotlikar, learned Senior Counsel for the respondents has supported the impugned judgment and order and submitted that the Tribunal has recorded the findings of fact based on the evidence led by the parties and as such, no interference is warranted in exercise of jurisdiction under Article 227 of the Constitution of India. Learned Counsel submitted that the application filed by the petitioners purporting to be under Section 35 of The Act itself discloses that the tenancy was created much prior to the construction of the bagel by the petitioners and as such, by no stretch of imagination the bagel can be considered to be the essential service of the building let out to the petitioners.