MARIANA SILVERIA Vs. ANTONIO SILVEIRA

JUDGEMENT

(1.) THIS writ petition is challenging the judgment and judgment and order of the Administrative Tribunal, dated 10th May, 1990, in Eviction Appeal No. 41/85 which has affirmed the judgment and order of the Additional Rent Controller, dated 30-4-1985, in Case No. Rent/arc/73/79. By the aforesaid order the learned Additional Rent Controller has allowed an application of the respondent No. 1 under section 32 (4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Act), stopped the proceedings instituted by the respondent No. 1 against the petitioner and directed the petitioner to put the respondent No. I/landlord in possession of the suit premises within sixty days from the date of the order.

(2.) THE respondent No. 1 had filed an application for eviction against the petitioner before the Rent Controller on 15-9-1979 on the ground that the petitioner was irregular in the payment of rents and since March, 1979 he was in arrears of rents. The further ground was that some nuisance was being committed by the petitioner like heaping rejects and wasting water. The petitioner filed his written statement to the application denying all the allegations made by the respondent No. 1. While the proceedings were going on the respondent No. 1 came with a fresh application under section 32 (4) of the Act which was stating that the petitioner had failed again to regularly deposit the rents during the pendency of the application and therefore the proceedings should be stopped and the respondent be put in possession of the suit premises. The said application was granted by learned Additional Rent Controller by the impugned judgment and order which is the subject matter of the petition.

(3.) IT is case of the petitioner that he is the tenant of the respondent No. 1 in respect of two rooms of House No. 198-a situated at St. paulo, Taleigao and belonging to his brother (respondent No. 1 ). There was no written agreement executed between him and the respondent No. 1 and the lease was merely oral. The rent agreed was Rs. 200/- per month which was payable upto the 10th of the next month. Therefore and since the rents were payable upto the 10th of the subsequent month as per Rule 7 (20 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Rules, 1969 (hereinafter called the Rules) the petitioner was entitled to make the deposit within 15 days from the due date i. e. upto 25th of the next month. Before filing the eviction application a notice dated 5-7-79 was served on him to which he gave his reply dated 23-7-79.