ZEITUMBI HABIB MOHAMAD Vs. THOMAS ROBERTO GOMES

JUDGEMENT

(1.) The petitioner has challenged the judgment dated 18.8.1997 in Eviction Appeal No. 27.1989 ordering eviction of the petitioner who was the tenant of the suit premises on the ground on bona fide requirement of the respondent, the owner/ landlord of the suit premises.

(2.) The respondent filed his initial application for eviction of the petitioner under section 23 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (The Act). The application was filed in November 1976. The applicant averred that he was the landlord of the suit house bearing House No. 247 at Margao and that the respondent therein was his tenant who was tenanted the suit house on a monthly rent of Rs. 25/-.

(3.) In paragraph 6 of the application, the applicant stated that he was not residing in the house of his own in the city of Margao or that he had not obtained possession of a residential house of his own under section 23 of the Act. He therefore, averred that he had no other house of his own for his own residence.