ASHOK JAGANNATH CHODANKAR Vs. JAYRAM RAMCHANDRA SIRSAT
HIGH COURT OF BOMBAY (AT: PANAJI)
ASHOK JAGANNATH CHODANKAR
JAYRAM RAMCHANDRA SIRSAT
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(1.) Heard Mr. S. G. Desai, learned Senior Counsel for the petitioners and Mr. Sudin Usgaonkar, learned Senior Counsel the respondents.
(2.) This petition challenges the judgment and order dated 4.1.2011 made by the Administrative Tribunal, allowing Eviction Appeal No.131/2002 instituted by the respondents(landlords) ordering the eviction of the petitioner(tenant) from the suit premises on the ground of default in payment of rent.
(3.) The landlords (respondents) by Deed of Lease executed in January, 1966 let out suit premises to the tenant (petitioners) in order to enable the tenant to undertake business as restaurateur. There is no serious dispute that on two occasions prior to institution of the present Eviction Proceedings, the tenant committed a default in payment of rent. However, tenant availed the benefit under Section 22(3) of the Goa Daman and Diu Buildings (Lease, Rent and Eviction) Control Act 1968 ("the Rent Control Act" for short) and consequently, did not suffer any orders for eviction. On the third occasion, there is no serious dispute that the tenant was in arrears in the payment of rent from May,1980 to July,1980, as on date when the landlords issued notice dated 3.9.1980 to the tenant calling upon him to clear such arrears, failing which eviction proceedings were threatened to be taken up before the Rent Controller.;
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