GURUDAS HARI DHEKNE Vs. RUCMINI LAXMIDAS

JUDGEMENT

(1.) BY this petition, the judgment and order dated 4/03/2011, passed by President, Administrative Tribunal, Panaji, Goa in Eviction Appeal no.28/1995, has been challenged.

(2.) THE petitioner is a tenant of the respondent and, since, he had fallen in arrears of rent for a period of more than three months and, since, he did not pay the arrears of rent within 30 days of the receipt of the registered notice served upon him by the respondent, respondent filed an application dated 2/08/1990 before the Additional Rent Controller, Ponda, Goa under Section 22(2)(a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as 'the Rent Control Act') for eviction of the premises.

(3.) DURING the pendency of the eviction proceedings before the Rent Controller, an application filed by the respondent under Section 32(4) of the Rent Control Act came to be allowed by the order passed by Rent Controller on 1/11/1990. This order was challenged by the petitioner by filing an appeal before the Administrative Tribunal. The Administrative Tribunal allowed the appeal and setting aside the order dated 1/11/1990, directed the Rent Controller to proceed further in eviction proceedings, in accordance with law.