Case Note & Summary
The petitioners, three married daughters of the late statutory tenant, filed a writ petition under Article 227 of the Constitution of India challenging the order dated 02/05/2017 passed by the Rent Controller. The petitioners had moved an application before the Rent Controller seeking an inquiry into whether the two sons of the late statutory tenant had inherited any tenancy rights in the suit premises upon the death of the statutory tenant, in terms of Section 2(o) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 read with Rule 12(4) of the Rules framed thereunder. The Rent Controller dismissed the application, holding that it had no jurisdiction to decide the question of inheritance. The petitioners contended that upon the death of the original statutory tenant, he was survived by his widow (the respondent), three married daughters (the petitioners), and two sons. The three daughters were married and living elsewhere. The legal issue was whether the Rent Controller has jurisdiction to decide the question of inheritance of tenancy rights and whether married daughters are entitled to inherit such rights. The court analyzed the definition of 'tenant' under Section 2(o) of the Act, which includes the heirs of a deceased tenant. The court held that the Rent Controller has the jurisdiction to conduct an inquiry into whether the heirs have inherited tenancy rights, and that married daughters are not excluded from inheriting tenancy rights under the Act. The court set aside the order of the Rent Controller and remanded the matter for fresh consideration, directing the Rent Controller to conduct an inquiry into the inheritance of tenancy rights, considering all heirs including the married daughters.
Headnote
A) Rent Control - Interpretation of 'tenant' - Section 2(o) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 - Succession of tenancy rights - The court considered whether the Rent Controller has jurisdiction to decide the question of inheritance of tenancy rights upon the death of a statutory tenant. Held that the Rent Controller has the jurisdiction to conduct an inquiry into whether the heirs have inherited tenancy rights under Section 2(o) read with Rule 12(4) of the Goa Buildings (Lease, Rent and Eviction) Control Rules, 1969. (Paras 1-10) B) Rent Control - Rights of married daughters - Section 2(o) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 - Succession of tenancy rights - The court examined whether married daughters are entitled to inherit tenancy rights. Held that married daughters are not excluded from inheriting tenancy rights under the Act, and the Rent Controller must consider all heirs including married daughters. (Paras 11-15)
Issue of Consideration
Whether the Rent Controller has jurisdiction to decide the question of inheritance of tenancy rights upon the death of a statutory tenant, and whether married daughters are entitled to inherit tenancy rights under Section 2(o) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968.
Final Decision
The court allowed the writ petition, set aside the order dated 02/05/2017 of the Rent Controller, and remanded the matter for fresh consideration. The Rent Controller was directed to conduct an inquiry into the inheritance of tenancy rights, considering all heirs including the married daughters.
Law Points
- Interpretation of 'tenant' under Section 2(o) of the Goa Buildings (Lease
- Rent and Eviction) Control Act
- 1968
- Succession of tenancy rights
- Jurisdiction of Rent Controller
- Rights of married daughters
