(1.) Heard the learned Senior Advocates for the parties. At their request, both the writ petitions are taken up for consideration together and disposed of by a common judgment and order.
(2.) The petitioners in W.P. No. 218/2015 are the tenants of the tenanted premises and the respondents are their landlords. Similarly, the petitioners in W.P.No.552/2015 are the landlords of the very same tenanted premises, of which the respondents are the tenants.
(3.) The challenge in both these writ petitions is to the impugned judgment and order dated 29/12/2014 made by a District Judge-I, North Goa, Panaji (Appeal Court). The tenants, vide W.P.No.218/2015 challenge the impugned judgment and order to the extent it orders their eviction on the ground prescribed under Sec. 22(2)(c) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (R. C. Act) i.e. on the ground of commission of acts which constitute damage as is likely to impair materially the value and utility of the tenanted premises. The landlords, vide W.P.No.552/2015 challenge the very same impugned judgment and order to the extent it dismisses their eviction petition on grounds prescribed under Sec. 22(2)(b)(i) i.e. transfer of leasehold rights or subletting and under Sec. 22(2)(b)(ii) i.e. user for a purpose other than that for which the tenanted premises were leased. Accordingly, it is only appropriate that both these petitions are considered and disposed of by a common judgment and order.
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