MULAM ABUBAKAR Vs. STATE OF GOA

JUDGEMENT

(1.) BY the present petition, the petitioners are assailing the orders passed by the respondents No. 2 and 3 allowing the application for eviction against the petitioners filed under Section 22 (2), (b), (ii), (c) and (d) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction)Control Act, 1968 (hereinafter called as "the said Act" ).

(2.) THE facts, in brief, relevant for the decision are that somewhere in February. 1977, the owner of the premises by name Dr. Joao Manuel Pacheco de Figueiredo filed proceedings for eviction of the petitioners on the grounds of change of user, material alterations and nuisance to the other occupants of the building and while the matter was pending at the appellate stage, transferred the property, including the suit premises in favour of the respondents No. 4 and 5 by deed fo sale dated 15. 12. 1981 and the said respondents were substituted as parties to the proceedings in place of the original owner by order dated 17. 3. 1982, passed by the respondent No. 2 herein.

(3.) THE case of the petitioners was that they had been residing in the suit premises right from the time of grant of lease and simultaneously were carrying on the business of selling articles such as cigarettes, buiscuits. sweetmeats, matches etc. as well as kerosene oil on retail basis with the consent of Jose furtado who was incharge of the building of dr. Joao Figueiredo. During the pendency of the eviction proceedings, the property along with the leased premises, was sold by Dr. Joao figueiredo to the respondents No. 4 and 5 by deed of Sale dated 15. 12. 1981.