SHEKHAR VASSUDEV VERLEKAR Vs. JAIRAM KRISHNANATH KAMAT

JUDGEMENT

(1.) By this petition, the petitioners are challenging the judgment and order dated 27.02.2012, passed by the learned Administrative Tribunal at Goa in Eviction Appeal No. 26/2009. By the impugned judgment, the Tribunal while allowing the appeal filed by the respondents, has directed eviction of the petitioners from the suit premises.

(2.) The brief facts are that the respondents are the co-owners of a building known as 'Anandi', situated at Feira, Baixa at Mapusa. Shop No. 2, on the ground floor of the said building, was given on rent to now deceased Shekhar Verlekar, for carrying on the business of selling television sets, on a monthly rent of Rs.312/-. According to the respondents, the tenant Shekhar Verlekar defaulted in the matter of payment of rent, from October, 1993 and also sublet the said shop to M/s Kavita Traders, without the consent or permission of the respondents. It was also contended that the tenant failed to occupy the said premises for a continuous period of four years. The respondents, therefore, filed an application before the learned Rent Controller, against now deceased Shekhar Verlekar, seeking his eviction on the ground of arrears of rent, sub-letting and failing to occupy the premises for a continuous period of four months i.e. under Sections 22(2)(a), (b) and (f) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (Act, for short).

(3.) The tenant resisted the application, claiming that the monthly rent of the premises was Rs.250/- and not Rs.312/- as claimed. It was contended that the rent was sent by money order, which was refused by the landlord. It was denied that the shop was sub-let. It was contended that M/s Kavita Traders was the name of the business, Kavita being the name of his wife and thus, there was no sub-letting. It was also denied that the tenant had failed to occupy the premises for a period of more than four months as claimed.