grounds of eviction
- 1. THE GOA BUILDINGS ( LEASE, RENT AND EVICTION) CONTROL ACT GROUNDS OF EVICTION: AN OVERVIEW Name: Akanksha Kakodkar Roll No. 33 Fifth year BA. LLB
- 2. Definitions 1) Landlord- A person who for the time being is receiving or is entitles to receive the rent of any building , whether on his own account or on account of another either as a trustee, guardian or receiver if the premises were let out to a tenant. 2) Tenant- It means any person by whom or by whose account the rent of building is , or but for special contract would be payable and includes a sub tenant and also any person continuing in possession after the termination of tenancy but shall not include any person against a decree for eviction has been passed. 3) Controller- It means a person appointed as a controller under sub(2) of section 41 . This also includes additional controller.
- 3. INTRODUCTION The Goa Buildings ( lease, rent and eviction ) control act ,1968 was passed by the legislative assembly of Goa, Daman and Diu and received Presidents assent in 1969 Act was recently amended by Goa Buildings ( lease, rent and eviction) amendment act 2013 The Amendment has taken away the power of Administrative Tribunal to hear cases under the cat and transferred it to the Appellate Board
- 4. OBJECT OF THE ACT • To prevent and put an end to the practice of eviction of tenants by the landlord on his whims and fancies. • Sections 21 to 32 prescribe for the various grounds, procedure of eviction of the tenant by the landlord. • Section 21 provides that, no tenant can be evicted except according to the provisions of the act. I) where the tenant denies of permanent tenancy 2) where he claims a right of permanent tenancy Here, the controller must decide whether the denial or claim is bonafide and pass a decree for eviction. • Section 22 provides for the grounds of eviction of tenant. If a landlord wishes to evict a tenant he must apply to the rent controller and satisfy him that the grounds mentioned under section 22 exists.
- 5. GROUNDS OF EVICTION SECTION 22 A) Payment of rent is due section 22(2) (a) B) If the tenant has without the consent of landlord transferred his rights under the lease or sublet the entire building or any portion of the building leased. Section 22(b) (I) C) If the tenant ha swithoutthe consent of the landlord used the building for the purpose other than for which it was leased. Section 22(b) (ii) D) If the tenant has without the consent of the landlord damaged the building which would impair materially the value or utility of such building section 22 (2) E) If the tenant commits acts of nuisance F) Tenant of the dwelling house has built acquired vacant possession or has alloted a residence within an area of 5 kilometers of the city Section 22(2) (e) G) If the tenant has ceased to occupy the building for a period of four years witjout a reasonable cause. Section 22(2)(f) H) If tenant has denied the title of the landlord or claimed right og permanent tenancy section 22(2)(g)
- 6. 1. PAYMENT OF RENT IS DUE The original section was amended by substituting section 22 (2) (a) and section 22(3) and 22(4) were added. If the tenant is in arrears in payment of rent due by him for a total period of three months the landlord is bound to send him a notice and direct him to pay within 30 days. If the tenant still fails to pay his due rent then he may be evicted after obtaining an order from the rent controller. In, Eknath Akhadkar V Administrative Tribunal Held: Amendment clause a had imposed a new duty on landlord and therefore once the landlord had already exercised their right the new duty of serving notice could not operate retrospectively
- 7. PAYMENT ON SERVICE OF SUMMONS SECTION 22(3) SHEIKH IBRAHIM MOHAMMAD V JAO ANDRANDE E SOUZA HELD: SECTION 22(3) IS ATTRACTED ONLY WHEN THE GROUND OF EVICTIO N IS NON- PAYMENT OF DUE RENT IT’S A RIGHT GIVEN TO THE TENANT TO PUT AN END TO LANDLORDS APPL ICATION OF EVICTION BY PAYING THE DUE RENT WITHIN 30 DAYS THIS BENEFIT CAN BE AVAILED ONLY ONCE
- 8. II. TRANSFER OR SUBLETTING WITHOUT THE CONSENT OF LANDLORD SECTION 22 (2) B (1) Celina Perreira V Ulhas Kholkar Held: To prove subletting two important things to be present; parting with possession and parting with possession has some compensation. In, Helper Girdhabhai V Saiyad Mohamad Held: Tenant on becoming a Partner in partnership firm and allowing firm to carry on business while himself retaining legal possession doesn’t amount to subletting.
- 9. III. USING THE BUILDING FOR A PURPOSE FOR WHICH IT WAS LEASED SECTION 22(B) (11) If a landlord gives on rent a building for residential purpose, he may not be willing to allow the same building to be used even partly for commercial purpose. Pedro D'souza V Shantu Bhagat HELD: The premises was let out for residential purpose as well as for tailoring. The tenant carriesd on a business of tailoring by employing other tailors which was not provided in the laese agreement. The tenant was evicted.
- 10. IV. DAMAGING THE BUILDING TO COSEQUENTLY IMPAIR MATERIALLY, THE VALUE OR UTILITY OF BULDING SECTION 22(2)(C) In any case if the tenant without the consent of the landlord does any act by which he damages the building let out him and consequently impairs the value or utility of it , he is liable to be evicted. MULAN ABDULKAR V STATE OF GOA Held: the eviction proceedings on ground of damage to premise , the cause of action doesn’t cease to exist on transfer of ownership but it services in favour of transferee.
- 11. V. ACT OF NUISANCE SECTION 22(2)(D) • In, Rukhmini Malabhari V Shankar Shinde Held: Tenant was carrying on a business of carrying kerosene in a suit shop .It was held that storing and selling of kerosene in a suit shop didn’t amount to nauisance. In, Maters Silveria V Administrartive Tribunal Held: Its necessary that the important fact of nuisance is reflected by certain sets of acts or conduct of the tenant is to be established by cogent and conclusive evidence
- 12. VI. TENANT BUILT, AQUIRED, BEEN ALLOTED A DWELLING HOUSE SECTION 22(2)E • Dattaram Pangam V Lydia Vlaes Silveria Held: Tenancy was subsisting on the date of the cat coming into force or where the tenant was put in possession of the premises, but he subsequently acquired residential premises of his own, it was held that he is likely to be evicted. VII. NON OCCUPATION FOR FOUR MONTHS WITHOUT REASONABLE CAUSE SECTION22(2)(F) Janardhan Shikre V Rukhminibai Nagvekar Held: The owner owned a printing press but evidence showed that premises was closed from last five years held the tenant liable to be evicted
- 13. VIII DENIAL OF THE LANDLORD OR CLAIM OF PERMANENT TENANCY SECTION 22(2)(G) The tenant may be evicted if he denies the title of the landlord or claimed a right permanent tenancy which claim was not bonafide. Sumati Naik V Shri Dilip Faterpekar and othrs Held: Its necessary for rent controller to find out in order to assume jurisdiction to entertain the application for eviction that there is a landlord tenant relationship in existence.
- 14. THANK YOU Bibliography - The Goa Building lease, rent and eviction) control act - Land laws of Goa Commentary on debates of legislative assembly By Prasanna Timble.