AGOSTINHO JOAQUIM SANTAN MEDEIRA Vs. VENKATESH P KAMAT

JUDGEMENT

(1.) HEARD Shri V. A. Lawande, learned Counsel appearing for the Petitioners and Shri Sudin Usgaonkar, learned Counsel appearing for the Respondents.

(2.) THE above Petition seeks to quash and set aside the Judgment and Order dated 23.03.2010 passed by the learned Administrative Tribunal, Goa, in Eviction Appeal no. 54/2003, wherein an appeal preferred by the Respondents, was allowed.

(3.) BRIEFLY , the facts of the case are that the Petitioners who are the landlords of the suit premises, initiated eviction proceedings of the Respondents under the provisions of Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, on the ground of bonafide occupation as well as for change of user of the suit premises and for causing damage to the rented premises. It was the case of Shri Agostinho Joaquim Santan Medeira, original applicant, who is now deceased that he wanted the suit premises for his bonafide occupation as, according to him, he was working in Mumbai and had retired from his services and that he did not own any premises in the State of Goa and, as such, wanted the suit premises for his bonafide occupation. After his examination was recorded and cross examination was conducted by the Respondents, the said Original Petitioner expired and, thereafter, the legal representatives of the Petitioners were brought on record. The Petitioner no. 1(a) thereafter filed an application for amendment of the original application and claimed that he did not own any house in the State of Goa and as such he required the said premises for his occupation.