PRAKASH DATTARAM PARULEKAR Vs. DATTARAM DAMODAR DIUKAR

JUDGEMENT

(1.) THIS petition arises from the judgment of the Administrative Tribunal passed on 18th August, 1997 in Eviction Appeal No. 16 of 1992. By the impunged judgment, the tribunal has allowed the Appeal filed by the respondents against the Order of the Rent Controller dated 25th May, 1992 and while setting aside the Order of the Rent Controller has allowed the application of the respondents for the eviction of the petitioners on the ground of bona fide personal requirement as well as on the ground of non payment of rent under section 22 (2) (a) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 hereinafter called as "the said Act".

(2.) THE petitioners are in occupation of southernmost compartment of House No. 115 situated in the property bearing Chalta No. 36 of P. T. Sheet No. 123 of city of Mapusa. The premises are situated at Dattawadi, Mapusa within Ward No. 9 of Mapusa Municipal Council.

(3.) SOMETIME in 1968, the original owners of the premises and the predecessors of the respondents filed Civil Suit No. 99 of 1968 on the ground that the predecessor of the petitioner No. 6 and the father of the respondents No. 1 to 5 on the ground that the lessee Gopinath had sub-let the premises to Dattaram, father of the petitioners No. 1 to 5 without the permission in writing from the owners. The suit was dismissed by the Civil Judge, Junior Division, Mapusa by Decree dated 25th January, 1971 and the Appeal preferred against the same was also dismissed by the District Judge, Panaji by Judgment and Order dated 28th February, 1975.