Case Note & Summary
The case involves a dispute between Shri Pandurang Damodar Kamat (Petitioner) and Shri George Veerampully (Respondent) regarding the restoration of electricity supply to a shop premises. The Respondent claimed to be a tenant under an oral lease from the Petitioner's father since July 1974, paying rent initially Rs. 30/- per month, later increased to Rs. 100/-. The Petitioner denied the existence of a landlord-tenant relationship. The Respondent filed an application under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 before the Rent Controller seeking restoration of electricity. The Petitioner raised a preliminary objection regarding the relationship. The Rent Controller decided to hold an inquiry into the relationship. The Petitioner challenged this order before the District Judge, who dismissed the Rent Revision Application. The Petitioner then filed a Writ Petition before the High Court. The High Court examined whether the Rent Controller has jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue. The court held that the Rent Controller has the jurisdiction to decide such a preliminary issue as it is essential to determine whether the Rent Controller can proceed with the application under Section 35. The court also noted that the order to hold an inquiry was interlocutory and did not finally decide the rights of parties, thus the revision was not maintainable. The High Court dismissed the Writ Petition, upholding the orders of the lower courts.
Headnote
A) Rent Control - Jurisdiction - Preliminary Issue - Section 35 of Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 - The Rent Controller has jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue before granting relief under Section 35. The court held that the Rent Controller must first determine whether a relationship exists to proceed with the application for restoration of essential services. (Paras 1-18)
B) Rent Control - Revision - Maintainability - Section 35 of Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 - The District Judge's dismissal of the Rent Revision Application was upheld as the Rent Controller's order to hold an inquiry into the landlord-tenant relationship was interlocutory and did not finally decide the rights of parties. The court held that the revision was not maintainable against an interlocutory order. (Paras 1-18)
Issue of Consideration
Whether the Rent Controller has jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue before granting relief under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.
Final Decision
The High Court dismissed the Writ Petition, upholding the orders of the Rent Controller and the District Judge. The court held that the Rent Controller has jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue before granting relief under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. The court also held that the order to hold an inquiry was interlocutory and did not finally decide the rights of parties, thus the revision was not maintainable.
Law Points
- Rent Controller has jurisdiction to decide existence of landlord-tenant relationship as a preliminary issue
- Section 35 of Goa
- Daman & Diu Buildings (Lease
- Rent and Eviction) Control Act
- 1968
- Rent Revision Application dismissed
- Writ Petition dismissed
Case Details
Writ Petition No. 328 of 2024
Mr. R. G. Ramani, Senior Advocate with Mr Pranav Kakodkar and Mr. Vinayak Nevrekar for the Petitioner; Mr. Dharmanand Vernekar for the Respondent
Shri Pandurang Damodar Kamat
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Nature of Litigation
Writ Petition under Article 227 of the Constitution of India challenging the order of the District Judge dismissing the Rent Revision Application, which upheld the Rent Controller's order to hold an inquiry into the existence of a landlord-tenant relationship.
Remedy Sought
The Petitioner sought quashing and setting aside of the Judgment and Order dated 23rd January 2024 passed by the District Judge-2, South Goa, Margao dismissing the Rent Revision Application No. 18/2022, and the Order dated 11th October 2022 passed by the Civil Judge Junior Division, "C" Court, Vasco, Goa in Rent Case No. 1/RC/2015/C.
Filing Reason
The Petitioner denied the existence of a landlord-tenant relationship with the Respondent, who had filed an application under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 for restoration of electricity supply. The Rent Controller decided to hold an inquiry into the relationship, which the Petitioner challenged.
Previous Decisions
The Rent Controller (Civil Judge Junior Division) passed an order on 11th October 2022 deciding to hold an inquiry into the existence of a landlord-tenant relationship. The District Judge dismissed the Rent Revision Application No. 18/2022 on 23rd January 2024.
Issues
Whether the Rent Controller has jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue before granting relief under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.
Whether the Rent Revision Application was maintainable against an interlocutory order of the Rent Controller.
Submissions/Arguments
The Petitioner argued that the Rent Controller has no jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue, as such a determination is beyond the scope of Section 35 of the Rent Control Act.
The Respondent argued that the Rent Controller has the jurisdiction to decide the preliminary issue of relationship as it is essential to determine whether the Rent Controller can proceed with the application under Section 35.
Ratio Decidendi
The Rent Controller has jurisdiction to decide the existence of a landlord-tenant relationship as a preliminary issue under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, as such determination is necessary to proceed with the application for restoration of essential services. An order to hold an inquiry into the relationship is interlocutory and not subject to revision.
Judgment Excerpts
By way of the present petition, the Petitioner seeks quashing and setting aside of Judgment and Order dated 23rd January 2024 passed by the District Judge-2, South Goa, Margao dismissing the Rent Revision Application No. 18/2022 assailing Order dated 11th October 2022 passed by the Civil Judge Junior Division, 'C' Court, Vasco, Goa in Rent Case No. 1/RC/2015/C.
The Rent case was filed by the Respondent seeking restoration of electricity supply under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968.
Procedural History
The Respondent filed an application under Section 35 of the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 before the Rent Controller on 5th August 2015 (Rent Case No. 1/RC/2015/C). The Petitioner filed a reply raising a preliminary objection regarding the existence of a landlord-tenant relationship. The Rent Controller passed an order on 11th October 2022 deciding to hold an inquiry into the relationship. The Petitioner filed a Rent Revision Application No. 18/2022 before the District Judge, which was dismissed on 23rd January 2024. The Petitioner then filed the present Writ Petition before the High Court of Bombay at Goa.
Acts & Sections
- Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968: Section 35
