MANUEL MENDES Vs. SHANTIDEVI RAMCHANDRA HALWAI

JUDGEMENT

(1.) THE challenge in this writ petition is the judgment and order of the Administrative Tribunal, Goa, Daman and Diu dated 4th June, 1990 in Eviction Revision Application No. 3 of 1986 which was affirmed the judgment and order dated 28-12-1985 of the Additional Rent Controller, South Goa Sub-Division, Margao, in Case No. BIDG/160/arc/83.

(2.) BY the aforesaid judgment the Additional Rent Controller has dismissed an application of the original late petitioner Manual Mendes, now represented by his legal representatives, (hereinafter called the petitioner) under section 32 (4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter called the Act) seeking to stop all further proceedings with a direction to the respondents to put the petitioner in possession of the suit premises and allowed at the same time an application of the respondent No. 2 under section 32 (3) praying for an enquiry as to who should pay the rent and to what extent the said rent should paid to the petitioner.

(3.) THE case of the petitioner is that by agreement dated 11-9-1978 the late Manuel Mendes created a joint lease in favour of respondents Nos. 1 and 2 in respect of shop No. 5 situated on the ground floor in the building known as "mendes Mansion" at Vasco da Gama for a period of five years on a monthly rent of Rs. 55/- payable every month in advance on or before the 5th day thereof. On 7-12-1983 the said Mendes filed an eviction application against the respondents on the ground of non-payment of rents from February, 1980 onwards except for the month of April, 1980. It was stated that the said respondents were always irregular in the payment of rents. Before the institution of the eviction proceedings the said Mendes had filed a Civil Suit bearing No. 87 of 1980 against the respondents and the husband of respondent No. 1 for eviction from the demised premises. The respondent No. 1 and her husband also filed another Special Civil Suit bearing No. 14 of 1979 against the respondent No. 2 in which the said Mendes was not a party. Both the suits were instituted in the Court of Civil Judge, of Vasco-da-Gama.