MICHAEL ANTHONY WILLIAM GARETH Vs. MARIA DO

JUDGEMENT

(1.) Heard Shri S. D. Lotlikar, learned Senior Counsel appearing for the Petitioners and Shri M. B. D' Costa, learned Senior Counsel appearing for the Respondents.

(2.) The above Writ Petition, inter alia, seeks to quash and set aside by a writ of certoriari or any other writ, the Judgment and Order dated 25.01.2006, passed by the learned Rent Controller, at Panaji, in Case no. Rent/ARC/4/99 as well as the Judgment and Order dated 15.11.2010 passed by the learned Administrative Tribunal in Eviction Appeal no. 3/2006.

(3.) Briefly, the facts of the case as stated by the Petitioners are that on 16.08.1999, the Respondent no. 1 filed an Eviction Proceedings before the Rent Controller seeking eviction of the Petitioners from the disputed house bearing Municipal no. 73, admeasuring 87 square metres surveyed under Chalta no. 141 of P. T. Sheet no. 45 of the City Survey of Panaji, under the provisions of the Goa Daman & Diu Buildings (Lease, Rent and Eviction) Control Act of 1968, (hereinafter referred to as 'the said Rent Act'), on the ground that the disputed premises were required for her personal occupation and that of her family. It was the case of the Respondent no.1 that the said premises were acquired by her by virtue of a Deed of Gift dated 14.06.1994 and after the death of the original tenant on 04.05.1995, her heirs namely, the Petitioners herein, continued to occupy in the said premises. It is further the case of the Respondent no.1 that she and her son were living in the adjoining house which belonged to her sister where she had to stay to help her mother who was sick and blind and bed ridden from the year 1990 and who expired in June, 1997. It is further her case that the Respondent no. 1 was requested to move out from the said adjoining house by her father and her sister and, therefore, she required the said premises for her own personal occupation.