Case Note & Summary
The case involves a writ petition filed by the legal heirs of the original tenant, Dinanath Rama Naik, against an eviction order passed by the Rent Controller under the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act. The respondent landlord, Smt. Prabha Rane, sought eviction on the ground of bonafide requirement. The Rent Controller allowed the eviction, and the tenant appealed. A learned Single Judge, unable to agree with a Division Bench judgment in Damayantiben Shivaji Chauhan v. Dr. Dinesh Parekh, referred the question of maintainability of the appeal under Section 32(4) to a Full Bench. The Full Bench, after hearing arguments, held that an appeal lies under Section 32(4) against an eviction order, following the earlier Division Bench in Maria Madeira e Fernandes v. Vishnu Mahadeo Kanekar. The court did not decide the merits of the eviction but only the legal question of maintainability. The matter was directed to be placed before the appropriate bench for disposal on merits.
Headnote
A) Rent Control - Eviction - Bonafide Requirement - Section 32(4) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act - The question referred was whether an appeal by a tenant against an eviction order lies under Section 32(4) of the Act. The Full Bench held that the appeal is maintainable and the tenant can challenge the eviction order on merits. (Paras 2-10) B) Rent Control - Appeal - Maintainability - Section 32(4) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act - The Division Bench in Maria Madeira e Fernandes v. Vishnu Mahadeo Kanekar, AIR 1987 Bom 240, held that an appeal lies under Section 32(4) against an order of eviction passed by the Rent Controller. The Full Bench agreed with this view. (Paras 2-10)
Issue of Consideration
Whether in an appeal preferred by a tenant against an order of eviction passed by the Rent Controller an application under Section 32(4) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act is maintainable.
Final Decision
The Full Bench held that an appeal under Section 32(4) of the Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act is maintainable against an order of eviction passed by the Rent Controller. The matter was directed to be placed before the appropriate bench for disposal on merits.
Law Points
- Bonafide requirement
- Reasonable requirement
- Burden of proof
- Eviction
- Rent control legislation
