The interpretation of the term 'rent' to include electric and water charges as part of the rent, and the distinction between possession and occupancy were central legal principles established in the judgment.

JUDGMENT

Bharati H. Dangre, J. - Rule. Rule is made returnable forthwith with the consent of the learned Advocates appearing for the parties.

2. Being aggrieved by the judgment passed in the Rent Appeal No.1 of 2019 by the District Judge-2 Panaji, dismissing the appeal preferred by the petitioner against the judgment and order of the 1st Fora, Civil Judge Junior Division 'C' Court, Ponda, the petitioner, is before this Court.

The petitioner before this Court is tenant. The respondent is the landlord who had instituted an action for the petitioner's eviction under the provisions of Goa, Daman and Diu (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as "Rent Act").

3. In order to appreciate the contention of the petitioner the necessary facts are culled out as under:

A Lease Deed was executed on 10/04/1986 at Ponda, Goa between Shri Joaquim Cupertino Costa (respondent) and his wife Mrs. Annie D'Costa on one hand and M/s Kamta Corporation, Panjim (petitioner) represented through its three partners in respect of shop No. 4 on ground floor of a building called as "Jaan Apartment" on plot No. 77 situated at Ponda within limits of Ponda Municipal area and Taluka and Sub-District of Ponda, Goa. The shop admeasuring 25 square metres was leased out to the petitioner for one year commencing on 10/04/1986 and renewable from time to time. In terms of the Lease Agreement the lessee was bound to pay the lessor monthly rent of Rs.700/- by crossed cheque on or before 10th day of every calendar month. The Lease Agreement contained the following important covenants:

"5. The Lessees shall pay at their own cost the electric and water charges of the premises as shown in respective meters and receipt of the same should be handed over to the Lessors.

6. The Lessors undertake to pay the annual municipal changes as regards to the building as per the rates fixed by the Municipality and other charges if any payable to the Government.

15. The demised shop on the Ground Floor shall be utilised by the lessees for the purpose of setting their business. At all time during the continuance of lease, the Lessees shall keep the premises in good conditions, reasonable wear and tear and damage by fire or storm being accepted by the Lessors at the expiration or sooner termination of lease."

4. On 18/01/2016 the landlord Joaquim Cupertino Costa took out a notice on the tenant of shop premises bearing No. 4 alleging irregularity in payment of monthly rent. It was averred that there was failure to pay or tender arrears of monthly rent from the period from 21/01/2014 to 31/12/2015 amounting to Rs.17,250/-. It was also alleged that the tenant had kept the shop premises closed since the year 2012 till date. A case of bonafide need was also put forth by stating that since he had retired from service and was desirous of starting his own business in the shop premises, the petitioner was asked to quit and hand over the vacant possession of the shop premises within 30 days from the receipt of notice, failing which eviction proceedings were contemplated. The said notice was addressed to the petitioner on the address of shop No.4, "Jaan Apartment", ground floor, opposite Super Bazar, Ponda, but the Notice sent by R.P.A.D. returned with an endorsement "party left".

5. The landlord approached the Civil Judge, Junior Division, Ponda by filing an application for eviction under Section 22 (2) (a) and (f) and Section 23 (1)(b) of the Rent Act. The case was registered as case No.6/2016/C. The eviction was sought on the ground of irregularity in paying the monthly rent and failure to pay the monthly rent for the period mentioned in the notice. It was also alleged that there was a failure on the part of the tenant to pay the electricity charges of the suit premises since March,2012 and total of arrears in this regard was approximated to Rs. 13,700/- and it was alleged that due to non-payment of the said arrears the electricity was temporarily disconnected. It was also allege