Heard. Rule. Taken up for final hearing pursuant to the order dated 23.7.2009 noted in the farad sheet.

2. The petitioner proprietress of a Restaurant by this petition has thrown challenge to the judgment and order of the Administrative Tribunal, Panaji, Goa dated 25.11.2008 dismissing the Eviction Appeal No.5/2002 preferred against the order dated 31.12.2001 of eviction passed by the Rent Controller in case No.BLDG/ARCV/43/89 directing the petitioner to vacate the suit premises belonging to the respondents.

3. A short question that arises in the present petition is whether enclosing of the open space with the pakka structure having a roof of tin sheets and kitchen platforms therein on the rear side of the leased premises i.e. the suit premises amounts to an act of damage as is likely to impair materially the value or utility of the building as envisaged under the provisions of Goa, Daman and Diu Building (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as the Act).

4. Genesis of this question lies in the application under Section 22(2)(c) of the Act moved by the respondents landlords of the building popularly known as Indira Niwas, wherein the said r