ANTHONY CARVALHO Vs. HUBERT FERNANDES

JUDGEMENT

(1.) THE challenge in this writ petition is the judgment and order of the Administrative Tribunal dated 29th September, 1989 in Eviction Appeal No. 11/82 which has affirmed the judgment and order of the Additional Rent Controller, Goa North Division, Panaji, dated 21-11-1981 in Case No. Rent 71/89.

(2.) BY the aforesaid judgment the Rent Controller has allowed an application of the late father of the respondent No. 1 (hereinafter called the respondent), the original applicant, for eviction of the petitioner from a portion of the house belonging to him situated at Mapusa, Bardez, on the ground of illegal sub-letting of the suit premises to the respondent No. 2 without his consent as a result whereof the petitioner was directed to hand over the vacant possession of the suit premises to the respondent within three months from the date of the receipt of the order.

(3.) THE case of the petitioner is that one Cristalina Fernandes, wife of Lourenco Tomas Fernandes, was the landlady of the suit premises registered in the Land Registration Office of Bardez under No. 2160. Vide lease agreement dated 19-10-1972 the premises were leased by Cristalina through her attorney, Benjamim Fernandes, the late father of the respondent, on a monthly rent of Rs. 150/- payable at the residence of the said Benjamim. The lease was granted only for business purposes, i. e. for restaurant and bar.