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2021 Supreme(Bom) 581

DAMA SESHADRI NAIDU
Gulbanoo Akbar Habib Veljee – Appellant
Versus
Goa Xavier Company (pvt) Limited – Respondent


Advocates appeared:
Abhay Nachinolkar, Advocate, J.A. Lobo, Advocate

JUDGMENT

Dama Seshadri Naidu, J. - Introduction:

A landlord seeks his tenant's eviction; one of the grounds is the tenant's default in paying the rent. Summons served, the tenant appears. But he does not apply under section 22 (3) or section 32 (1) of the Act. Beyond 30 days, he files a written statement and also an application. That application seems to answer the requirement under section 22 (4) of the Act. The Rent Controller allows it, but the Revisional Court reverses it. So this Writ Petition.

2. The question is, If the tenant has invoked neither section 22 (3) nor section 32 of the Act, does he still have an opportunity to justify the default, if any, under section 22 (4) of the Act?

Facts:

3. This is a tenant's Writ Petition against the Revisional Court's order. The Revision was against an interlocutory order passed by the Rent Controller. To appreciate the controversy, I will set out the facts briefly.

4. The respondent-landlord filed Rent Eviction Application No.47/2014/C before the Civil Judge, Junior Division "C" Court, Panaji, which is the designated Rent Controller. The la



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