SHANTARAM VISSO VENGURLEKAR Vs. SERTORIO GRISOLOGO LABO

JUDGEMENT

(1.) THIS is a tenant/defendant's appeal directed against his eviction in a suit instituted by the respondents. In the suit, eviction of the appellant was sought on the ground that his lease has expired as from 1st June, 1982, whereafter his holding of the premises is nothing short of an act of a trespasser. The trial Court by its Decree, dated 24th February, 1988, decreed the suit thereby evicting the appellant, and also directed payment of arrears of rent and mesne profits as from 1st June, 1982. Aggrieved by this Decree the appellant preferred an appeal which was disposed of by the District Court by the Judgment and decree, dated 31st January, 1989, dismissing the same and that is how the appellant is in this Court in Second Appeal.

(2.) THE controversy centres round the jurisdiction of the trial Court to entertain the suit, for according to the appellant, if Section 3(1)(c) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, for short, "the Act", is not attracted, then the proceedings for eviction can only be taken before the Rent Controller and the Civil Court had no jurisdiction to entertain the suit.

(3.) IT is this clause of sub-section (1) of Section 3 which has been invoked in this appeal. To understand the controversy in the matter, a brief reference to facts shorn of all other details may be made and in respect of which there is no dispute. A deed of lease was executed on 4th August, 1980, by the respondents as lessors and the appellant as tenant by which a shop premises on the ground floor of a recently constructed building was settled on lease for a period of 11 months on consideration and terms and conditions mentioned therein. This lease itself states that the lease has come into effect from 1st August, 1980. The deed further stipulates that the parties are entitled for renewal of the lease for an equal period of 11 months. The first period of lease having expired on 30th June, 1981, it is equally clear that the renewed lease expired on 31st May, 1982. The present suit was instituted on 23rd May, 1984 and it may be mentioned for the sake of record that the occupancy certificate obtained by the lessors from the Panjim Municipal Council was dated 20th October, 1981.