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IN THE HIGH COURT OF BOMBAY AT GOA
NEELA GOKHALE
Suhas Jayram Sirsat – Appellant
Versus
Hotel Poornima, Represented by Shekhar Kashinath Naik – Respondent
JUDGMENT :
NEELA GOKHALE, J.
1. Rule made returnable forthwith. By consent of both the parties, the matter is being heard finally. Learned Counsel appearing for the Respondents waive notice.
2. By way of the present Petition, the Petitioners seek to quash and set aside the Judgment and Order dated 26th March 2025 passed by the Appellate Court (FTC-Mapusa) in Rent Appeal No. 7/2022 and the Order dated 6th May 2022 passed by the Trial Court at Mapusa in Civil Misc. Application No. 25/2018/F setting aside the ex-parte Judgment and Decree dated 5th January 2018 in Rent Case No. 3/2016/F. The Petitioners further seek restoration of the ex-parte Judgment and Decree dated 5th January 2018, passed in favour of the Petitioners in Rent Case No. 3/2016/F, along with all the consequential benefits and execution rights arising therefrom. There are other reliefs sought by the Petitioners.
3. The facts of the case in brief are as under:
3.1. The Petitioners are the landlords, and the Respondents are the legal heirs of the deceased tenant. The Petitioners filed an application against the Respondents for eviction and recovery of arrears of rent under Section 22 of the Goa, Daman and Diu Buildings (Lease
Setting aside ex-parte eviction decree for defective service restores suit without requiring prior rent deposit under Section 32; deposit mandatory only to contest merits at trial, upholding natural ....
Eviction proceedings under the Goa Buildings (Lease, Rent & Eviction) Control Act are valid if the tenant fails to deposit rent as required, and the landlord's bona fide requirement can justify evict....
The court established that under Sec. 32(4) of the Rent Control Act, tenants must be given a fair opportunity to contest eviction proceedings, and failure to serve notice on the tenant constitutes a ....
The main legal point established in the judgment is that parties should be held to their commitments made before the Rent Controller and the court, and that pleadings before the Rent Controller shoul....
A tenant must deposit all arrears of rent, including time-barred amounts, to claim protection from eviction under Section 15(3) of the Maharashtra Rent Control Act.
A tenant's failure to communicate rent deposits and respond to rent demands constitutes default, justifying eviction under the Bombay Rent Act.
High Court could not have re-appreciated the evidence and the concurrent findings rendered by the courts below ought not to have been interfered with by the High Court while exercising revisional jur....
The tenant's failure to pay rent and timely file for standard rent fixation leads to eviction under the Bombay Rent Act, despite claims of payment to co-owners.
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