Case Note & Summary
The case involves a dispute between landlords (respondents) and a tenant (petitioner) over eviction from suit premises let out in January 1966 for a restaurant business. The landlords filed eviction proceedings on the ground of default in payment of rent. The tenant had previously committed default on two occasions but availed benefit under Section 22(3) of the Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, which allows a tenant to avoid eviction by paying arrears. In the present case, the tenant failed to pay rent for 14 months. The Administrative Tribunal allowed the landlords' appeal and ordered eviction. The tenant challenged this in the High Court. The High Court held that the tenant's default was wilful, as he had sufficient means but chose not to pay. The court also held that the benefit under Section 22(3) is available only once, and the tenant had already availed it twice. Therefore, the eviction order was upheld. The court dismissed the writ petition, finding no error in the Tribunal's decision.
Headnote
A) Rent Control - Wilful Default - Section 22(3) Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 - Eviction - The tenant committed default in payment of rent for 14 months despite having availed benefit under Section 22(3) on two earlier occasions - The Administrative Tribunal allowed eviction appeal - The High Court held that the tenant's default was wilful and the benefit under Section 22(3) cannot be claimed repeatedly - The court upheld the eviction order, finding no perversity in the Tribunal's decision (Paras 2-10).
Issue of Consideration
Whether the tenant's failure to pay rent for 14 months constitutes wilful default entitling the landlords to eviction, and whether the tenant can claim benefit under Section 22(3) of the Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 more than once.
Final Decision
The High Court dismissed the writ petition, upholding the eviction order passed by the Administrative Tribunal.
Law Points
- Wilful default
- Condonation of default
- Section 22(3) Goa Daman and Diu Buildings (Lease
- Rent and Eviction) Control Act
- 1968
- Eviction on ground of default
- Benefit of Section 22(3) available only once
