AIR 1982 GOA, DAMAN AND DIU 17

Goa, Daman and Diu Judicial Commissioner's Court

Hon'ble Judge(s): Gustavo Filipe Couto , J

(A) Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act (2 of 1969) , S.23— Suit for eviction on ground of personal occupation -Portion of house in occupation @page-Goa18of landlady insufficient - Portion in occupation of tenant not independent - Held, landlady could be said to have proved her need for portion in occupation of tenant. Where in a suit for eviction, the evidence adduced by the parties showed that the portion of the house occupied by the landlady was not actually sufficient to satisfy her needs and besides, the portion occupied by the tenant was not independent, but on the contrary formed a part of the house, the portion occupied by the landlady, being separated therefrom only by doors, it could not be said that the landlady did not require the portion occupied by the tenant for her own use. In such a case, the plea of balance of convenience would be entirely irrelevant as the suit was not for injunction but for eviction.(Para 7) (B) Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act (2 of 1969) , S.23(3)— Suit for eviction filed separately against two tenants on account of orders of Court - Applicability of S.23(3). Provisions of S.23(3) would not be attracted to the facts of a ca....