(1.) Heard Shri A. R. Kantak, learned Counsel appearing for the petitioners and Shri C. A. Coutinho, learned Counsel appearing for the respondent.
(2.) Since a learned Single Judge, Lavande, J being unable to agree with the judgment of the Division Bench in Mrs. Damayantiben Shivaji Chauhan V/s Dr. Dinesh Parekh and others,1988 1 AIRCJ 520 having regard to the view taken by the another Division Bench in Maria Madeira e Fernandes V/s Vishnu Mahadeo Kanekar, 1987 AIR(Bom) 240 has referred the following question.
(3.) Section 32 of the Goa, Daman and Diu Buildings ( Lease, Rent and Eviction ) Control Act, 1968 ( herein after referred to as 'the Act') reads as follows :