R G GANGADHARAN Vs. FRANCISCO BARRETO LOPES

JUDGEMENT

(1.) THE petitioner challenges by this petition under Articles 226 and 227 of the Constitution the judgment and order of the Administrative Tribunal, dated 28-12-1989, made in Eviction Appeal No. 49/86 which has unsettled the order of the Rent Controller dated 23-7-1986, in Case No. Rent/15/78.

(2.) BY the aforesaid Order the Rent Controller had dismissed four applications of the respondent dated 18-4-1985, 11-9-1985, 6-12-1985 and 10-1-1994 seeking to obtain the stopping of the eviction proceedings instituted by him against the petitioner for non-payment of rents with a prayer that the respondent should be put in possession of the premises.

(3.) THE petitioner is a statutory tenant of the respondent in respect of the part of the first floor of the house bearing No. E-162 behind Post Office Panaji on a monthly rent of Rs. 203 inclusive of electricity and water charges. The petitioner was earlier paying a monthly rent of Rs. 200/- and Rs. 15/- per month towards the water and electricity charges. Subsequently respondent No. 1 filed an application for fair rent in which the rent was fixed at Rs. 188/- per month inclusive of water and electricity charges. The respondent No. 1 who is the landlord within the meaning of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Act) filed eviction proceedings in the year 1978 against the petitioner, being Rent Case No. 15/78, on the ground of non-payment of rents. The case is still pending and has not yet been decided on merits. In the meantime during the pendency of the proceedings the respondent No. 1 filed the aforesaid four applications invoking jurisdiction of the Rent Controller under section 32 by stating that the tenant had failed to deposit the rents during the eviction proceedings. A notice was issued to the petitioner in respect of all these four applications and upon hearing the parties the same were dismissed by the Rent Controller by Order dated 23-7-1986. However, the appeal filed by the respondent No. 1 to the Administrative Tribunal against this Order (Eviction Appeal No. 49/86) was allowed by the Administrative Tribunal by its Order dated 28-12-1989 which is under challenge.