WAMAN GAJANAN DESAI Vs. FILOMENA DSA

JUDGEMENT

(1.) THIS writ petition arises from eviction proceeding instituted by the landlords-respondent Nos. 1 to 4 herein, against the tenants-petitioners, under the provisions of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, (for short, the Act ).

(2.) ONE of the grounds in support of the eviction of the tenants from the suit premises as alleged by the respondents is that the petitioners are in arrears of monthly rent of Rs. 15/- per month over three months. The petitioners denied specifically the said ground and have stated that in the year 1970 the respondents came from Bombay and on their request, half of the house occupied by the petitioners was surrendered to them for their occupation and the rent was accordingly reduced from Rs. 15/- per month to Rs. 7. 50 ps. per month.

(3.) PENDING the ejectment proceeding the respondents filed an application on January 22, 1979 before the Rent Controller, inter alia stating that the petitioners have failed to deposit the arrears of rent due within the stipulated time as laid down by law or that they have not shown any ground sufficient enough for their failure and, therefore, the petitioners be directed to hand over vacant possession of the suit premises to the respondents. The petitioners replied the application denying that the monthly rent was Rs. 15/- and asserted that on account of change of circumstance, as herein above stated, the monthly rent was reduced to Rs. 7. 50/- per month. The petitioners have also denied that there is a default on their part for payment of dues. According to the petitioners the amount of rent was sent by money orders at the rate of Rs. 7. 50/- per month. Therefore, the petitioners submit that there is sufficient cause for them in not paying or depositing the rent at the rate of Rs. 15/- per month.