SWAMI RAMAVATARA BHARATI Vs. CARMINA MONICA D SOUZA

JUDGEMENT

(1.) THE petitioners have challenged the orders of the Courts below, directing their eviction under Section 32 of the Goa Buildings (Lease, Rent and Eviction) Control Act. Section 32 read as follows :

(2.) THE Courts below have found that the petitioners did not make the deposit as ordered by the Court. Initially, the Rent Controller passed an order under Section 32(3) of the Rent Act dated 24.1.2002 directing the petitioners-tenants to pay the arrears at the rate of Rs.2000/- per month to the respondents-landlords or to deposit with the Controller the said amount in order to entitle them to contest the proceedings before the Court. The Rent Controller further directed the petitioners to deposit any amount that becomes due, in the Court.

(3.) MR. Usgaonkar, learned Counsel appearing for the petitioners submitted that Section 32 of the Rent Control Act contemplates that a tenant has right to either pay to the landlord or deposit with the Controller, all arrears of rents due. Therefore, the petitioners cannot be taken to have acted in violation of this section, because they tendered the amounts by money order. According to the learned Counsel, the Courts could not have ordered petitioners' eviction on this ground.