LAWS(BOM)-2008-12-199

ANAND S LAD Vs. AMIRA ABDUL RAZAK

Decided On December 17, 2008
Anand S Lad Appellant
V/S
Amira Abdul Razak Respondents

JUDGEMENT

(1.) Heard Mr. S. G. Dessai, learned Senior Advocate for the petitioner and Mr. M. S. Usgaonkar, learned Senior Advocate for the respondents.

(2.) By this petition, the petitioners take exception to judgment and order dated 27.06.2007 passed by the Administrative Tribunal, Panaji in Eviction No.17/2005 dismissing the appeal filed against the judgment and order dated 20.05.2005 passed by the Additional Deputy Collector, Panaji in Case No.Addl.Rent/4/1994 by which the Rent Controller directed the petitioners to hand over vacant and peaceful possession of the suit premises situated on the first floor of "Yasin Manzil" situated t Panaji, Goa within a period of 60 days from the date of receipt of the order.

(3.) The respondents filed the above case before the Rent Controller seeking eviction of the original tenant Mrs. Malati Seetakant Lad from the suit premises under section 23 (1) (a) (i) of the Goa Buildings (Lease, Rent, Eviction) Control Act, 1968 ('The Act' for short). The eviction of the petitioner was sought by the respondents on the ground that they were not occupying residential building of their own in the city of Panaji but they required it for their occupation since they were pursuing education in or around Panaji. During the pendency of the said proceedings, the original tenant died and and her husband Mr. Seetakant Lad and the present petitioner were brought on record. Mr. Seetakant Lad has also expired. The Rent Controller by judgment and order dated 20.05.2005 allowed the application. Against the said judgment and order and appeal was preferred by the petitioner, which has been dismissed by the impugned judgment and order dated 27.06.2007. During the pendency of the proceedings, respondent no.2 and 3 completed their education. However, respondent no.1 pursued the application on the ground that after completion of her education, she was practicing at Panaji and as such, bonafide need of the suit premises continued.