DHARMENDRA POROB DESSAI Vs. VASUDEV PEDNEKAR

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India and challenged the judgment and order dtd. 29/9/2022 passed by District Judge, South Goa at Margao in Rent Appeal No.6 of 2022 dismissing the appeal and confirming the judgment and order dtd. 10/5/2022 passed by the learned Civil Judge, Junior Division, "C" Court Vasco-da-Gama, in Rent Case No.11/2016/C by which the Rent Controller was pleased to allow the application dtd. 20/10/2016 filed by the respondent under Ss. 22(2)(a)(b)(i) and 23(1)(a)(i) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as "Rent Control Act" ) whereby the petitioner was directed to vacate the suit shop within stipulated time and handover the possession of the shop to the respondent.

(2.) The respondent/original applicant instituted the proceedings under Ss. 22(2)(a)(b)(i) and 23(1)(a)(i) of the Rent Control Act before the Civil Judge, Junior Division "C" Court at Vasco, viz. Rent Control Case No.11/2016/C.

(3.) In the aforesaid application the respondent (original Applicant) had contended that he is the owner of the shop having two compartments bearing No.142(3) and 142(6) situated in ward I, Headland, Sada, bearing Land survey no. 28 in Mormugao Taluka, Sub-District of Mormugao, District of Goa. He had leased premises having house Nos. 142(3) and 12/142(3) to the petitioner (original respondent) by way of deed of lease dtd. 16/10/1995 executed before the Notary. The shop premises is herein after referred to as "suit shop". The suit premises was leased out for a period of three years commencing from 5/10/1995 till 5/10/1998 for the purpose of carrying out the business of running the Medical Stores for a monthly rent of Rs.800.00 per month and advance deposit of Rs.30,000.00. The premises bearing no. 142(6) was used by the sister of the respondent who was doing her tailoring business. The petitioner is a doctor by profession and he cannot engage in any other business trade and commerce which is contrary to his professional ethics. Ms. Pratiksha Premanand Dessai was conducting business of Medical Stores under the name of M/s. Dharmanand Medical Stores which is evident from the licence issued by the Directorate of Food and Drugs Panaji Goa for carrying out the business. The original respondent had sub-let the suit premises without the consent of the original applicant. The petitioner/original respondent had not paid the rent for more than three months i.e from 1/5/2009 till date. The original respondent was in need of suit shop for his personal use for starting a business and requested the original respondent on several occasions to hand over vacant possession of the suit shop. However, the petitioner failed to hand over the vacant possession of the suit shop to the respondent/original applicant. Vide Letter dtd. 9/8/2007 it was brought to the notice of the original respondent that the original applicant wants the suit shop for his personal use for starting a business and to handover the vacant premises of the suit shop to the original applicant. On 25/4/2016 the respondent issued legal notice through his Advocate. The petitioner did not comply the notice. Notice was replied by the respondent vide reply dtd. 27/4/2016 and 27/5/2016.