Case Note & Summary
The case involves a Letters Patent Appeal filed by the appellant, a tenant, against the judgment and order dated 13.08.2010 of a learned Single Judge of the Bombay High Court at Goa, dismissing Writ Petition No.858 of 2009. The writ petition had challenged the judgment and order dated 02.02.2009 of the Administrative Tribunal, Panaji, which had affirmed an eviction order passed by the Rent Controller. The respondent landlord had instituted eviction proceedings (Case No. RENT/ARC/28/1984) against the appellant on the ground of default in payment of rent. The Rent Controller allowed the eviction, and the appeal before the Administrative Tribunal was dismissed. The appellant then filed a writ petition before the High Court, primarily contending that he was never validly served in the eviction appeal (Eviction Appeal No.2/2003) and that the judgment and order dated 02.02.2009 was passed without affording him an opportunity of hearing, thus violating principles of natural justice. The learned Single Judge dismissed the writ petition. In the present Letters Patent Appeal, the respondent raised a preliminary objection regarding maintainability, arguing that the Single Judge's order was passed in exercise of supervisory jurisdiction under Article 227 of the Constitution, and therefore no appeal lies under the Letters Patent. The Division Bench examined the memo of the writ petition and the impugned judgment and found that the petitioner had invoked both Article 226 and Article 227, as the challenge was based on failure of natural justice due to lack of valid service. Consequently, the Division Bench held that the appeal is maintainable. On merits, the Division Bench noted that the appellant had consistently maintained that he was not served in the eviction appeal. The Rent Controller had purportedly effected service under Section 32(4) of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, but the appellant disputed the validity of such service. The Division Bench observed that the question of valid service goes to the root of the matter and affects the jurisdiction of the Tribunal. Since the Single Judge had not properly considered this aspect, the Division Bench set aside the impugned judgment and remanded the matter to the Single Judge for fresh consideration, specifically on the issue of whether the appellant was validly served in the eviction appeal. The appeal was allowed, and the parties were directed to appear before the Single Judge on a specified date.
Headnote
A) Civil Procedure - Letters Patent Appeal - Maintainability - Single Judge exercising jurisdiction under Article 226 and Article 227 - Appeal lies to Division Bench under Letters Patent - Where the writ petition challenges an order on grounds of failure of natural justice and invokes Article 226, the Single Judge's order is not exclusively under Article 227, and Letters Patent Appeal is maintainable (Paras 3-4). B) Rent Control - Eviction - Service of Notice - Section 32(4) Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 - Validity of service - The Rent Controller must ensure that service of notice is effected in accordance with law; if the tenant was not validly served, the eviction proceedings are vitiated for failure of natural justice (Paras 5-6).
Issue of Consideration
Whether the Letters Patent Appeal is maintainable against the judgment of the learned Single Judge dismissing the writ petition challenging the eviction order, and whether the eviction order was passed without valid service of notice upon the appellant, thereby violating principles of natural justice.
Final Decision
The Division Bench held that the Letters Patent Appeal is maintainable. The impugned judgment and order of the Single Judge dated 13.08.2010 is set aside. The matter is remanded to the learned Single Judge for fresh consideration, particularly on the issue of whether the appellant was validly served in Eviction Appeal No.2/2003. The parties are directed to appear before the Single Judge on 21.10.2019.
Law Points
- Letters Patent Appeal maintainable when Single Judge exercises jurisdiction under Article 226 and Article 227
- Service of notice under Section 32(4) of Goa
- Daman and Diu Buildings (Lease
- Rent and Eviction) Control Act
- 1968 must be valid and in accordance with law
- Failure of natural justice vitiates eviction proceedings
