the goa buildings lease rent and eviction control act

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.