GURUDAS YESHWANT PEDNEKAR Vs. SHARADA ALIAS RADHABAI

JUDGEMENT

(1.) Heard Shri S. D. Lotlikar, learned Senior Advocate for the petitioners and Shri S. G. Desai, learned Senior Advocate for the respondents.

(2.) This Petition takes exception to the Judgment and Order dated 11.02003 passed by the Addl. Deputy Collector and Rent Controller Mapusa, the Judgment and Order dated 30.07.2015 passed by the District Judge-I, North Goa, Panaji, in the matter of the application for eviction filed by the predecessor in title of the petitioners for the eviction of the respondents, inter alia, on the ground of personal occupation under Articles 226 and 227 of the Constitution of India. The petitioners' predecessor was admittedly the owner of the property situated at Dattawadi, surveyed under Chalta no.17 of P. T. Sheet No.112 of the City Survey Mapusa with a house bearing no.99 therein being the suit house for brevity's sake and which came to be inherited by the petitioners on whose demise the suit house was let out to one late Shri Manguesh Kenkre, the husband of the respondent no.1 and the father of the respondent nos.2 and 4 for the purpose of their residence.

(3.) The respondent no.2 had not responded to the notice nor complied with the same and hence the original applicant Gurudas was constrained to initiate eviction proceedings on the ground that he required the suit house for his personal occupation. The respondents had resisted the application on the premise that he was a wealthy and rich goldsmith having a vehicle at his disposal and that the joint family house at Bastora was within a distance of 2 kilometres from the City of Mapusa, having good connectivity and easy mode of transport and that the application for eviction on the ground of personal occupation was a fraud in order to evict them from the suit house. Besides the suit house was on a hilly area and equally far away from the business premises of the said Gurudas and that as per his version that he was not keeping good health, it was difficult for him to proceed to the business premises from the suit house.