1 WP 1123 OF 2019

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 1123 OF 2019

1. Messrs. Kamta Corporation

with its office /business at Ground Floor,

Shop No.4, Jaan Apartments, Nr. St. Mary's

High School, Upper Bazar, Ponda, Goa-

403401 Through its partners

2. Mr. Babuli Kamat Ghanekar, aged 66

years, business, married,

3. Mr. Dilip Kamat Ghanekar

aged 63 years, business, married,

Both C/o Kamta Corporation,

Daulat Bidg., 18

th June Road,

Near Goa Pharmacy College,

Caculo Island, St. Inez,

Panaji, Goa.

.....Petitioners

V/S.

Mr. Joaquim Cupertino Costa,

Son of late Salvador D’Costa,

About 65 years of age, married, Retired,

permanent resident of

H.No.381, 4

th Ward,

Colva, Salcete Goa,

Through his Power of Attorney

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Mr. Belarmino Fernandes,

Son of late Gabriel Fernandes

About 55 years of age, married, business,

r/o. “Villa Rose”, Behind St. Ann's Church,

Ponda – Goa.

.....Respondent

Mr. V.R. Tamba, Advocate for the petitioner.

Mr. A.D. Bhobe, Advocate for the respondents.

Coram:- SMT. BHARATI H. DANGRE, J.

Reserved on: 14^th January,2021

Pronounced on : 22^nd January,2021

JUDGMENT :

1.

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 1

st 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

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(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 10

th 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

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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