C.V.BHADANG,J. - (1.) The challenge in this petition is to the concurrent finding of the Courts below directing eviction under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (the Act, for short).
(2.) The brief facts necessary for the disposal of the petition may be stated thus : That now deceased Laxmibai Kamat Haldonkar filed an application against now deceased Francisco Joaquim Mesquita for eviction under the provisions of the Act on various grounds. That application was filed in the year 1984. The subject matter of dispute happens to be two ground floor flats in the applicant's residential building at Alto de Betim, Bardez, Goa, which were let out to Francisco on a monthly rate of Rs. 600/-. The suit premises were let out for manufacturing of pickles, etc.
(3.) For the sake of convenience, the parties are referred to in their original capacity as applicant and respondent before the Rent Controller. The case made out in the application was that the respondent has illegally changed the user of the suit premises by starting manufacture of beef and pork products to the annoyance of the applicant. It was contended that the respondent used to throw the bones and skins in the compound, causing nuisance on account of unbearable smell and dirt. It was also contended that the respondent has failed to maintain the suit premises properly and on account of his negligence, the condition of the premises has deteriorated. It was also contended that the respondent has sublet the premises or a part thereof to a person carrying on remoulding and vulcanizing business and the subtenant has stacked his tyres on the rear of the suit premises. It was next contended that the respondent has closed down the business and started using it for residential purposes which also amounts to change of user. Lastly, it was contended that the applicant bonafide requires the suit premises for personal occupation of the members of the family.;