Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Rent Control and Eviction |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Rent Control and Eviction:Goa Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968 - s. 23(1)(a)(i) and 23A(3) - Eviction petition under s.23(1)(a)(i) by Government servant on the ground of bonafide personal need - On introduction of s. 23A(3) amendment application filed seeking eviction under s. 23A(3) and also on subsequent facts of illness of landlord and his wife - Eviction decree by Authorities below - Set aside by High Court without giving any reasons and matter remitted back - On appeal, held: Authorities below held that the bonafide personal need of landlord was proved - ARC considered s. 23A(3) extensively and correctly gave finding that s. 23A(3) was operative and effective from 22.2.1988 and was applicable to pending proceedings - Landlord-Government servant had retired from service on 31.5.1983 and had no house where the suit premises existed - Thus, s. 23A(3) is applicable to the instant proceedings - Also death of landlord during the pendency of litigation would not make difference as landlord sought possession for himself and also his family members - Thus, orders of Authorities below upheld. Original landlord filed eviction petition against the respondent-tenant on the ground of his own bonafide personal need and also of his family members. During pendency of the eviction petition, landlord and his wife started suffering from ailments for which they required continuous treatment of the doctor in Panaji which was away from his own house in Ponda city. Also, there was amendment to the Act by s. 23A of the Goa Daman & Diu Building (Lease, Rent & Eviction) Control Act, 1968 which came into force from 22.2.1988. In view of the amendment, landlord who was an employee of the State Government and had duly retired and required premises for his bonafide occupation or any member of his family could seek the eviction. The present landlord being retired Government servant, having no house at Panaji filed an amendment application also raising the additional ground in view of the amendment in Section 23 A. Both the Additional Rent Controller and the Appellate Authority allowed the application under section 23(1)(a)(i) as also section 23A(3) of the Act holding the need of the landlord to be bonqfide. The Respondent filed a revision petition against the orders of Additional Rent Controller and Writ Petition against the orders of Administrative Tribunal. The High Court set aside the orders of the authorities below and remanded the matters for fresh adjudication. During pendency of the litigation the landlord expired. Hence the present appeal by the legal heirs of the landlord. |
Judge | Hon'ble Mr. Justice V.S. Sirpurkar |
Neutral Citation | 2007 INSC 1164 |
Petitioner | Usha P. Kuvelkar And Ors. |
Respondent | Ravindra Subrai Dalvi |
SCR | [2007] 12 S.C.R. 324 |
Judgement Date | 2007-11-20 |
Case Number | 5326 |
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