BABOO ALIAS SURENDRA GADEKAR Vs. JIVOTTAM KRISHNA NAIK

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Learned Counsel for the respondents waives service. Heard finally with the consent of the parties.

(2.) By this petition, the petitioner, who is a tenant, is challenging the order dtd. 12/10/2004 passed by the learned Additional Deputy Collector and Rent Controller, Mapusa in Rent/MAP/7/1992, which has been confirmed by the learned District Judge vide judgment and order dtd. 20/12/2013 in Rent Appeal No.33/2013. As a result, the petitioner has been directed to be evicted, as being consistently in arrears of rent under Sec. 32(4) of the Goa Building (Lease, Rent and Eviction) Control Act, 1968 (the Rent Act, for short).

(3.) The brief facts are that, premises known as Adarsh Niwas , situated at Feira-Baixa, Mapusa, wherein the petitioner is conducting a bar and restaurant, are subject matter of dispute. The disputed premises were let out by now deceased Jivottam Naik to late father of the petitioner Shripad Atmaram Gadekar. After the death of Shripad, the landlord leased the suit premises to the petitioner on monthly rent of Rs.300.00. The original landlord as well as his wife Radhabai are dead. The respondent nos.3 and 5 are the sons of Jivottam while the respondent nos.4 and 6 are the daughters-in-law. Two daughters, namely Indu and Shubhangi of the deceased Jivottam and the sons-in-law being Shrikant Angale and Shamsundar Amonkar being the respondent nos.7 to 10 have been deleted. Thus, the only contesting respondents are respondent nos.3 to 6.