VINOD KUMAR GOSALIA Vs. FRANK SILVA LOBO NORTON

JUDGEMENT

(1.) This Letters Patent Appeal is filed by the tenants directed against the Order of the Single Judge dated 22nd November, 1983 confirming the Orders of the Rent Controller and the Administrative Tribunal by virtue of which the tenants are to vacate the premises and hand over the same to the respondents Nos. 1 and 2.

(2.) The sole contention raised in this appeal is that the tenants having complied with the requirement of section 32 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 no order could be made by the Controller stopping the proceedings and directing them to hand over the premises. In other words, the question raised is that in an eviction proceeding against the tenant to enable him to contest the same the deposit of the arrears of rent ought to be confined to the rents that are legally recoverable or he is required to deposit the entire arrears of rent due.

(3.) In this appeal facts are few and we can conveniently refer to them as there is no dispute about them. The respondents Nos. 1 and 2 filed an application for eviction of the appellants under section 22(2)(a) and (d) of the Goa, Daman and Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Goa Act.) This application is dated 22nd June, 1976 and filed thereabout. The respondents averred that the appellants have fallen in arrears of rent from July, 1971 to May, 1976, rent being at the rate of Rs. 104/- per month. The appellants with a view to contest the said proceedings deposited arrears of rent for the period from June, 1973 to May, 1976 i.e. three years rent before the application filed against them for their eviction. Thus, the appellants did not make a deposit of the arrears of rent covering the period from July, 1971 to May, 1973.