Case Note & Summary
The case involves a second appeal by the plaintiff/landlord against the dismissal of his eviction suit. The plaintiff owned land at Betim, Goa, and by an agreement dated 11.1.1978, leased an open plot of 96 sq.m. to the defendant for three years from 1.2.1978 for construction of a carpentry shed, at a monthly rent of Rs.60. The lease contained conditions prohibiting change of user, subletting, and requiring rent payment in advance. After the lease expired on 31.1.1981, the tenancy continued with the plaintiff accepting rent until June 1990. On 30.6.1990, the plaintiff sent a registered notice terminating the lease and requiring the defendant to vacate. The plaintiff then filed a suit for eviction on grounds that the defendant changed the user from carpentry to a motor workshop, sublet the premises to her son, and was in arrears of rent from June 1990. The defendant contested, denying breach and claiming that after the lease expired, the plaintiff allowed her to carry on any business, so she started the motor workshop. The trial court and first appellate court dismissed the suit, leading to this second appeal. The appeal was admitted on a substantial question of law: whether Decree No.43525, which governs landlord-tenant relations in Goa and was in force from 7.3.1961, applies to a lease of an open plot created on 11.1.1978, and if so, whether no notice was required before filing the eviction suit. Both counsel submitted that the answer should be in the affirmative. The court accepted this submission, noting that Decree No.43525 was in force from 7.3.1961 and the Transfer of Property Act, 1882 was extended to Goa from 1.11.1965. The court held that the decree applies to the lease, and therefore no notice was required. The appeal was disposed of accordingly, but the court did not decide the merits of the eviction grounds.
Headnote
A) Landlord-Tenant Law - Applicability of Decree No.43525 - Lease of Open Plot - The substantial question of law was whether Decree No.43525, which governs landlord-tenant relationships in Goa, applies to a lease of an open plot created on 11.1.1978, thereby obviating the need for a notice before filing an eviction suit. The court, upon submission of both counsel, answered in the affirmative, holding that the decree is applicable and no notice is required. (Paras 1-2) B) Landlord-Tenant Law - Lease Terms - Breach of Conditions - The plaintiff landlord sought eviction on grounds of change of user from carpentry to motor workshop, subletting, and arrears of rent. The defendant contested, claiming the plaintiff allowed the change after lease expiry. The court did not decide on merits as the appeal was disposed of on the preliminary legal issue. (Paras 4-7)
Issue of Consideration
Whether Decree No.43525 is applicable when the lease was created of an open plot on 11.1.1978 and, therefore, no notice was required to be given by the plaintiffs to the defendant before filing the suit for eviction.
Final Decision
The appeal is disposed of by answering the substantial question of law in the affirmative, holding that Decree No.43525 is applicable and no notice was required. The court did not decide the merits of the eviction grounds.
Law Points
- Decree No.43525 applies to leases of open plots created after its extension to Goa on 7.3.1961
- Transfer of Property Act
- 1882 extended to Goa from 1.11.1965
- no notice required under Decree No.43525 for eviction suit based on lease of open plot
