Case Note & Summary
The case involves a dispute under the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 (Rent Act). The respondent, Luis Sales de Andrade e Souza, is the landlord of premises originally let out to Namdeo Parsuram Satardekar under an agreement dated 10.11.1956 for commercial use at a monthly rent of Rs.15. The lease prohibited subletting without the landlord's written consent. Namdeo died on 23.03.1972, and the petitioners are his heirs and successors. The respondent filed an application under Section 32(4) of the Rent Act seeking eviction on the ground that the petitioners had sublet the premises without consent. The Rent Controller dismissed the application. On appeal, the Appellate Board initially dismissed the appeal by order dated 19.07.2014. However, the respondent later filed an application for review of that order, which the Board allowed on 30.09.2017, thereby granting the eviction application. The petitioners challenged the review order in the High Court. The key legal issue was whether the Appellate Board has the power to review its own orders. The High Court held that the Rent Act does not confer any review power on the Appellate Board, and the Board is not a court under Section 114 of the Code of Civil Procedure, 1908 (CPC). Therefore, the Board acted without jurisdiction in reviewing its earlier order. The court set aside the review order and restored the earlier order dated 19.07.2014 dismissing the appeal. The petition was allowed.
Headnote
A) Rent Control - Review Power - Appellate Board - The Appellate Board under Section 41(1) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 has no power to review its own order as the Act does not confer any review power and the Board is not a court under Section 114 CPC. The Board's order dated 19.07.2014 granting an application under Section 32(4) was reviewed without jurisdiction. (Paras 1, 10-12) B) Rent Control - Subletting - Section 32(4) - The respondent landlord sought eviction on ground of subletting without consent. The original tenant's heirs (petitioners) were alleged to have sublet the premises. The Appellate Board initially dismissed the application but later reviewed and allowed it. The High Court set aside the review order. (Paras 2-6, 13)
Issue of Consideration
Whether the Appellate Board constituted under Section 41(1) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968 has power to review its own judgment and order, and if yes, whether the Board was justified in reviewing its earlier order dated 19.07.2014 granting an application under Section 32(4) of the Rent Act.
Final Decision
The High Court allowed the writ petition, set aside the review order dated 30.09.2017 passed by the Appellate Board, and restored the earlier order dated 19.07.2014 dismissing the appeal.
Law Points
- Appellate Board under Rent Act has no inherent power of review
- Review power must be expressly conferred by statute
- Section 114 CPC applies only to courts
- not tribunals
- Goa Buildings (Lease
- Rent and Eviction) Control Act
- 1968 does not provide for review
