ARUN NARAYANDAS Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition seeks a writ of certiorari or a writ in the nature of certiorari or any other appropriate writ, order or direction for quashing the order dated 31st July 1981 made in Case No. Rent 45/80 by the Rent Controller, Goa North Division, respondent No. 4 and order dated 12th September, 1988 made in Eviction Appeal No. 65/81 by the Administrative Tribunal, respondent No.3.

(2.) Facts giving rise to this petition are that the petitioners are the landlords of a building called Ganga Niwas situated at Panaji, Goa. By a lease agreement executed between the parties on 9th August 1968 the first floor premises consisting of 11 rooms was let out as office accommodation of the Directorate of Agriculture or any other Government Office. The lease stipulated that it shall be for a period of 360 days with effect from 1st May, 1968 to be automatically renewed for equal period in future on payment of the monthly rent of Rs. 1,925/- to the be paid by the 10th of the following month. At some stage the contractual rent stipulated between the parties was sought to be given a go- by and the department held out that the rent would be paid at the rate of Rs. 1,540/- with effect from 1st May, 1969. Though this action of the department was alleged to be unilateral and high handed, yet strangely the petitioners agreed to receive the rent of Rs. 1,540/- per month with effect from August 1969. However, by the next communication some time before April 1970 the department held out to the petitioners that with effect from 1st April 1970 the rent would be paid at the rate of Rs. 1,370/- per month but in view of the objections raised by the petitioners the department agreed to pay Rs. 1,573/- per month instead of what was previously held at the rate of Rs. 1,376/-. Perhaps by the wisdom dawned on the department they instituted proceedings for fixation of fair rent by invoking section 12 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 for short the Rent Act. It may be pertinent to note that the Rent Act was extended to the Territory of Goa with effect from 1st October, 1969 and needless to mention that the parties were and are governed by that Act. Even otherwise when the lease contract was executed by the parties on 9th August, 1968 the parties were governed by Decree Law No. 43525 dated 7th March 1961 which was in the field governing leases in respect of buildings. That Decree read in conjunction with Diploma Legislative 1409 dated 14th November, 1952 left it open to the parties to apply for valuation of the demised premises and depending upon the decision to be bound by such award with the result that the contractual rent would accordingly stand modified. The fair rent proceedings bearing No. 263/73 finally culminated by the order confirmed in appeal made by the Board in Civil Appeal No. 253/77. The fair rent payable was held to be Rs. 1,300/- per month together with half the yearly Municipal tax levied on the premises. It was further directed that the fair rent shall be payable with effect from 19th November, 1973 though the order was made by the Tribunal on 28th September, 1977. From 1st December, 1973 the premises are occupied by the office of Directorate of Animal Husbandry and Veterinary Services of the Local Government for short the Department.

(3.) The Rent Controller while disposing of the eviction proceedings held that the petitioners received rents on 17-4-1980 and also on 24-10-1980 and, therefore, there was no question of the respondents depositing the rents in his Court during the pendency of that proceedings. What further impressed him is that receipt of the arrears directly by the petitioners amount to waiver of the right of eviction by the petitioners and in that view of the matter the Controller held that there was no further right to get eviction of the respondents. He equally held that there was sufficient cause on accepting a submission made on behalf of the respondents that the petitioners had not issued in advance pre-receipted bills.