JUDGMENT - R.M.S. KHANDEPARKAR, J.:---The points for determination which arise in the present petition are:--

i) Whether the Rent Controller can proceed to hold an enquiry under section 21 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, hereinafter referred to as the said Act, unless the applicant landlord prima facie establishes the existence of the relationship of the landlord and the tenant between the applicant and the opponent.

ii) Whether in case of failure on the part of the applicant landlord to establish prima facie such relationship, mere denial of title of the landlordship of the applicant would justify eviction of the opponent under the said Act.

2.The facts in brief relevant for the decision are that the respondent No. 1 herein filed an application for eviction of the petitioner on the ground that the father of the respondent No. 1 had leased out two rooms of the house bearing No. 23 situated in Ward No. 9 at Tisk, Ponda and that the petitioner had defaulted in the payment of rent since May, 1981 and that inspite of the notice served upon the petitioner, no payments were made in relation to the arrears as required under the law. The cla

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