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2022 Supreme(Bom) 1946

MANISH PITALE
Hermando De Souza (deceased) By Lrs. – Appellant
Versus
Agostinho Juas Tadeu De Menezes – Respondent


Advocates Appeared:
Mr. J.P.Mulgaonkar, Advocate with Ms. R. Banaulikar, Advocate for the Appellant; Mr. C.A Coutinho, Advocate, for the Respondent

ORDER

1. The original tenant is before this Court challenging concurrent orders passed by the Rent Controller and the District Court, whereby eviction of the tenant is directed on the ground specified in Section 22(2)(c) of the Goa Buildings (Lease, Rent & Eviction) Control Act.

2. The case of the respondents was that the petitioner/tenant had constructed a toilet (WC) in the veranda of the First floor of the premises let out by the respondents and that the tenant had further changed the internal plastering and flooring of the shop on the ground floor and that tiles were put in the open veranda, without the consent of the respondents. It was claimed that the filthy water from the WC accumulated and spread on the walls and windows of the building, giving a foul smell, thereby causing nuisance to the other occupants of the building and people in the neighbourhood.

3. According to the respondents, by indulging in such an act, the petitioner/tenant had invited order of eviction under Section 22(2)(c) of the aforesaid Act.

4. The aforesaid claims of the respondents were disputed by the petitioner. In fact, the petitioner denied that the respondents were his landlords and further pleaded

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