KESTUR SIDDALINGAPPA RAJSEKHAR Vs. ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) THE petitioner tenant challenges the order of the Administrative Tribunal dated 12.02.2007 in Eviction Appeal No.125/2004 upholding the judgment and order dated 28.06.2004 of the Rent Controller ordering his eviction. The main only contention of Mr. Diniz, the learned Counsel for the petitioner is that the order of the Administrative Tribunal is vitiated by an error of law apparent on the face of record because the Administrative Tribunal failed to set aside the order of the Rent Controller even though it is undisputed that the Rent Controller did not hear the petitioner but only relied upon written submission.

(2.) THE respondent - landlord applied for eviction of the petitioner under the Goa, Daman And Diu Buildings (Lease, Rent and Eviction) Control Act, 1968. The petitioner defended said proceedings. After hearing oral arguments of the parties,it appears that the Rent Controller asked for written arguments. Soon thereafter, the Presiding Officer was transferred. The incumbent admittedly did not hear the parties but proceeded to decide the matter finally apparently on the basis of the written submissions submitted by the parties before the earlier Rent Controller. The petitioner preferred an appeal before the Administrative Tribunal Goa which heard the appeal and dismissed the petitioner's appeal. The Administrative Tribunal specifically negatived the contention of the petitioner that the order of the Rent Controller is vitiated because the Rent Controller who decided the matter had not heard the parties. Mr. Diniz, the learned Counsel for the petitioner submitted that the impugned order of eviction is vitiated for failure to hear the parties.

(3.) IN this view of the matter, the petition succeeds. The impugned order is hereby set aside. In the circumstances the matter is remanded back to the Rent Controller for a decision in accordance with law after hearing the parties. The Rent Controller is directed to decide the proceedings within a period of 2 months from the date the parties appear before him. The parties are directed to appear before the Rent Controller on 21st April, 2008. The writ petition disposed of.