DADABHAI GODRAJ WADIA(SINCE DECEASED) THROUGH HIS L.RS. MRS. HANITA W/O DADABHOY WADIA AND OTHERS Vs. KANTILAL N. DALAL(SINCE DECEASED) THROUGH LEGAL HEIRS SMT. SOHINI KANTILAL DALAL AND OTHERS

JUDGEMENT

(1.) The writ jurisdiction of this Court under Art. 227 of the Constitution of India is invoked against the judgment and order dated 25/02/1991 passed by the Administrative Tribunal, Goa, Daman, Diu at Panaji in Eviction Appeal No.16 of 1988 filed by the Respondent No.1 by which order the Appeal came to be allowed and resultantly the judgment and order dated 29/04/1988 of the Additional Rent Controller, Daman came to be set aside.

(2.) The facts giving rise to the above Petition, in a nutshell, can be stated thus :

(3.) It is on the basis of the aforesaid pleadings of the parties that the Additional Rent Controller, Daman framed the issues revolving around whether the Respondent has trespassed into the first floor of the house by storing his goods on the first floor, whether the Applicants/Petitioners prove that they require the suit house for their bona fide personal use, whether the Applicants/Petitioners prove that the Opponent/Respondent is doing illegal business in the suit premises, whether the Opponent/Respondent has sublet the suit premises without the consent of the Applicants/Petitioners., and whether the application as filed is barred by the provisions of the Goa, Daman & Diu Buildings (L.R.E.) Control Act, 1968 (for short "the said Act")