MILLIE FERRAO Vs. MILAGRES FERNANDES

JUDGEMENT

(1.) RULE . With the consent of the learned Counsel appearing for the parties made returnable forthwith and heard.

(2.) THE order impugned is one dated 1/02/2012 passed by the Administrative Tribunal, Goa by which order the Eviction Revision Application No.2/2010 filed by the respondent no.1 herein i.e. the tenant came to be allowed and the order passed by the Trial Court allowing the application for amendment filed by the petitioner herein i.e. the landlord came to be set aside.

(3.) IT is not necessary to go into unnecessary details suffice it to say that the Revision Application has been allowed by the Tribunal on the ground that the Rent Controller does not have the power to permit the amendment of the application filed before him for eviction. The issue as to whether the Rent controller has power to permit the amendment or not is no more res intergra and has been concluded by the judgment of the Division Bench dated 11/09/2012 of this Court in Writ Petition No.300 of 2010 and companion matters. The reference to the Division Bench was as regards the following issue: