Chapter V Chapter V

Control on eviction of tenants

Notwithstanding anything to the contrary contained in any other law or contract, a tenant shall not be evicted, whether in execution of a decree or otherwise, except in accordance with the provisions of this Chapter:

37[Provided that where the tenant denies the title of the landlord or claims a right of permanent tenancy, the Controller shall decide whether the denial or claim is bonafide and may pass a decree for eviction on any of the grounds mentioned in this Chapter even

though it is found that such denial does not involve forfeiture of the lease or that the claim is unfounded]

1. (1) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf.
2. (2) If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application is satisfied — 38[(a) that the tenant is in arrears in payment of rent due by him in respect of the building for a total period of three months and has failed to pay or tender such arrears of rent as are legally recoverable from him within thirty days of the receipt of or of the refusal of a registered notice served on him by the landlord for such arrears; or];
   • (b) that the tenant has without the written consent of the landlord—
     • (i) transferred his right under the lease or sub-let the entire building or any portion thereof, or
     • (ii) used the building for a purpose other than that for which it was leased; or
   • (c) that the tenant has committed such acts of damage as are likely to impair materially the value or utility of the building; or
   • (d) that the tenant has been guilty of such acts and conducts which are a nuisance to the occupiers of other portions of the same building or of buildings in the neighbourhood;

Explanation:— For the purpose of this clause, ―nuisance‖ shall be deemed to include

any act which constitutes an offence under the Suppression of Immoral Traffic in Women and Girls Act, 1956;

1. (e) that the tenant of a dwelling house has, whether before or after the commencement of this Act, built, acquired vacant possession of, or been allotted a residence 39[ within an area of five kilometers radius for the outer limits of the city or village as the case may be, where such dwelling house is situated]; or
2. (f) that the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or
3. (g) that the tenant has denied the title of the landlord or claimed a right of permanent tenancy and that such denial or claim was not bonafide; the Controller shall make an order directing the tenant to put the landlord in possession of the building; and if the Controller is not so satisfied he shall make an order rejecting the application: 40[***] 41[(3) No order for the eviction of a tenant shall be made on the ground specified in clause (a) of sub-section (2), if the tenant, within thirty days of the service of the summons of proceedings on him, pays or tenders to the landlord or deposits with the Controller the arrears of rent due by him up to the date of such payment, tender or deposit together with the cost of application: Provided that no tenant shall be entitled to the benefit under this sub-section, if, having obtained such benefit once in respect of any building he again makes a default in the payment of rent of that building for a total period of three months.

1. (4) In any proceeding falling under clause (a) of sub-section (2), if the controller on an application made to it is satisfied that the tenant‘s default to pay, tender or deposit rent was not without reasonable cause, he may, notwithstanding anything contained in sub-- section (3) or in section 32, after giving the parties an opportunity of being heard, give the tenant a reasonable time, to pay or tender the rent due by him to the landlord upto the date of such payment or tender and on such payment or tender the application shall be rejected].

1. (1) A landlord may, subject to the provisions of section 24, apply to the Controller for an order directing the tenant to put him in possession of the building—
   • (a) in case it is a residential building,—
     • (i) if the landlord is not occupying a residential building of his own in the city, town or village concerned and he requires it for his own occupation or for the occupation of any member of his family; or
     • (ii) if the landlord who has more buildings than one in the city, town or village concerned is in occupation of one such building and he bonafide requires another building instead, for his own occupation;
   • (b) in case it is a non-residential building which is used for the purpose of keeping a vehicle or adapted for such use, if the landlord requires if for his own or to the

possession of which he is entitled in the city, town or village concerned which is own

or to the possession of which he is entitled whether under this Act or otherwise:

Provided that a person who becomes a landlord after the commencement of the

tenancy by an instrument ̳inter vivos‘ shall not be entitled to apply under

42[this sub-

section] before the expiry of five years from the date on which the instrument was registered :

43[Provided further that in case of gift from parents the above period of five years shall be reduced to two years]:

Provided further that where a landlord has obtained possession of a building under this section, he shall not be entitled to apply again under this section—

1. (i) in case he has obtained possession of a residential building for possession of another residential building of his own;
2. (ii) in case he has obtained possession of a non-residential building for possession of another non-residential building of his own.

1. (2) Where the landlord of a residential building is a religious, charitable, educational or other public institution, it may, if the building is required for the purposes of the institution, apply to the Controller, subject to the provisions of section 24, for an order directing the tenant to put the institution in possession of the building.
2. (3) A landlord who is occupying only a part of a residential building, may notwithstanding anything in sub-section (1), apply to the Controller for an order directing any tenant occupying the whole or any portion of the remaining part of the building to put the landlord in possession thereof, if he requires additional accommodation for his own use or for the use of any member of his family. Explanation:— For the purpose of this section, a landlord means a person, on account of or on behalf of or for the benefit of whom the rent of a building is received but does not include an agent, trustees, guardian or receiver.

(1) Where a landlord who, being a person in occupation of any residential premises allotted to him by the Government or any local authority is required, by, or in pursuance of any general or special order made by the Government or such authority to vacate such residential accommodation or in default, to incur certain obligations, on the ground that he owns in the place where such residential premises has been allotted to him

either by the Government or by such local authority, a residential accommodation either

in his own name or in the name of his wife or dependent child there shall accrue on and

from the date of such order to such landlord, notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract (whether express or implied), custom or usage to the contrary, a right to recover immediately possession of any premises let out by him:

Provided that nothing in this section shall be construed as conferring a right on a landlord owning in the place where the residential accommodation has been allotted to

more than one dwelling house and it shall be lawful for such landlord to indicate the dwelling house, possession of which he intends to recover.

1. (2) Notwithstanding anything contained elsewhere in this Act or in any other law for the time being in force or in any contract, custom or usage to the contrary where the landlord exercises the right of recovery conferred on him by sub-section (1), no compensation shall be payable by him to the tenant or any person claiming through or under him and no claim for such compensation shall be entertained by any court, tribunal or other authority: Provided that where the landlord had received,—
   • (a) any rent in advance from the tenant, he shall, within a period of ninety days from the date of recovery of the premises by him, refund to the tenant such amount as represents the rent payable for the unexpired portion of the contract agreement or lease;
   • (b) any other payment, he shall, within the period aforesaid, refund to the tenant a sum which shall bear the same proportion to the total amount as received, as the unexpired portion of the contract or agreement or lease bears to the total period of contract or agreement or lease: Provided further that, if any default is made in making any refund as aforesaid the landlord shall be liable to pay simple interest at the rate of six per cent. per annum. 45[(3) Notwithstanding anything contained in this Act,—
   • (a) a landlord, who is a member of the armed forces of the Union or who is an employee of the Central Government or Railways or any Public Sector Undertaking of the Central Government whose employees are subject to transfers from their original place of posting or who was such member or employee as the case may be, and is duly retired (which term shall include premature retirement), shall be entitled to recover

possession of any premises on the grounds that the premises are bonafide required by

him for occupation by himself or any member of his family (which term shall include a parent or other relation ordinarily residing with him and dependent on him), and the Controller shall pass an order for eviction on such grounds if the landlord, at the hearing of the suit, produces a certificate signed by the Head of his Services or his commanding Officer or by the Head of his Department or Head of the Public Sector Undertaking, as the case may be, to the effect that—

1. (i) he is presently a member of the armed forces of the Union or employee of the Central Government or Railways or the Public Sector Undertaking of the Central Government or he was such member or employee as the case may be, and is now retired ex-serviceman or employee as the case may be; and
2. (ii) he does not possess any other suitable residence in the local area where he or the members of his family can reside: Provided that in the case of an ex-serviceman or an ex-employee referred to in sub-- clause (i) above, an affidavit sworn before the competent authority to the effect as envisaged in sub-clause (ii) shall be sufficient;

1. (b) Where a member of the armed forces of the Union or employee of the Central Government or Railways or any Public Sector Undertaking of the Central Government whose employees are subject to transfers from their original posting place, as the case may be, dies while in services or such member is duly retired and dies within five years of his retirement, his widow who is or becomes a landlord of any premises, shall be entitled to recover possession of such premises, on the ground that the premises are bonafide required by her for occupation by herself or any member of her family (which

term shall include her husband‘s parent or other relation ordinarily residing with her)

and the Controller shall pass an order for eviction on such ground, if such widow, at the hearing of the suit, produces a certificate signed by the Area or Sub-Area

Commander within whose jurisdiction the premises are situated or by the Head of

Department or Head of the Public Sector Undertaking whereof, her deceased husband

was employee to the effect that—

1. (h) she is a widow of a deceased member of the armed forces or the employee of the Central Government or Railways or any Public Sector Undertaking of the Central Government, as the case may be; and
   • (ii) she does not possess any other suitable residence in the local area where she or the members of her family can reside: Provided that the landlord or his widow, as the case may be, shall be entitled to

recover only one of the premises chosen by him or her, under this section, in case more

than one premises have been let out by him or her.

Explanation 1.— For the purposes of this sub-section,

1. (i) ―armed forces‖ means an armed force of the Union constituted under an Act of Parliament and includes a member of the police force constituted under the Police Act as applicable to the State of Goa;
2. (ii) any certificate granted by the concerned authority thereunder shall be conclusive evidence of the facts stated therein. Explanation 2.— For the purpose of clause (a) of this sub-section, the expression the Head of his ―Services in the case of officers retired from the Indian Navy, includes the Flag Officer-in-Chief, Western Naval Command and in the case of officers retired from the Indian Air Force, includes the Station Commander.‖ 46[(3A) (a) Every application under sub-section (3) shall be dealt with in accordance with the procedure specified in this sub-section.

1. (b) After an application under sub-section (3) is received, the Controller shall issue summons for service on the tenant in the form specified in the Schedule.
2. (c) The summons issued under sub-clause (b) shall be served on the tenant as far as may be, in accordance with the provisions of Order V of the First Schedule to the Code of Civil Procedure, 1908 (Central Act 5 of 1908). The Controller shall in addition direct that a copy of the summons be also simultaneously sent by registered post acknowledgement due addressed to the tenant or his agent empowered to accept the service at the place where the tenant or his agent actually and voluntarily resides or carries on business or personally works for gain and that another copy of the summons be affixed at some conspicuous part of the building in respect whereof the application under sub-section (3)1 been made. d) When an acknowledgement purporting to be signed by the tenant or his agent is received by the Controller or the registered article containing the summons is received back with an endorsement purporting to have been made by a postal employee to the effect that the tenant or his agent has refused to take delivery of the registered article and an endorsement is made by a process server to the effect that a copy of the summons has been affixed as directed by the Controller on a conspicuous part of the building and the Controller after such enquiry as he deemes fit, is satisfied about the correctness of the endorsement, he may declare that there has been a valid service of the summons on the tenant.
3. (e) The tenant on whom the service of summons has been declared to have been validly made under clauses (c) or (d) of sub-section (3A), shall have no right to contest

application for eviction and obtains leave from the Controller as hereinafter provided and in default of his appearance in pursuance of the summons or his obtaining such leave, the statement made by the landlord or, as the case may be, the widow, of such landlord in the application for eviction shall be deemed to be admitted by the tenant and the applicant shall be entitled to an order for eviction of the tenant.

1. (f) The Controller may give to the tenant leave to contest the application if the

affidavit filed by the tenant discloses such facts as would disentitle the landlord or, as

the case may be, the widow, of such landlord from obtaining an order for the recovery of possession of the residential building under sub-section (3).

1. (g) Where leave is granted to the tenant to contest the application, the Controller shall commence the hearing on a date not later than one month from the date on which

the leave is granted to the tenant to contest and shall hear the application from day to

day till the hearing is concluded and application decided.

1. (h) No appeal or second appeal shall lie against an order for the recovery of possession of any residential building made by the Controller in accordance with the procedure specified in this sub-section: Provided that the High Court may, for the purpose of satisfying itself that an order

made by the Controller under this sub-section is according to law, call for the records of

the case and pass such order in respect thereto as it thinks fit].

47[(3B) (a) Notwithstanding anything contained in this Act, a Non-resident Indian, on an application made in this behalf to the Controller, shall be entitled to recover possession of any premises on the grounds that the premises are bonafide required by him for occupation by himself or any member of his family:

Provided that the Non-Resident Indian had become the owner of such premises prior to the creation of the tenancy in respect of the said premises, except where the non- resident Indian had acquired ownership by inheritance.

1. (b) Where a Non-resident Indian recovers possession of the premises under above

section, he or she shall not transfer it through sale or any other means or let it out before

the expiry of a period of three years from the date of taking possession of the premises, failing which, the evicted tenant may apply to the Controller for an order that he or she be restored the possession of the said premises and the Controller shall make an order accordingly.

1. (c) The controller shall pass an Order for eviction of tenant on an application by a Non-resident Indian under clause (a) above supported by a certificate from the concerned District Magistrate that he is a Non-resident Indian and is now willing to reside in the State of Goa. The District Magistrate shall issue such certificate on an affidavit sworn by Non-resident Indian before the Competent Authority to the effect that he does not possess any other suitable residence in the local area where he or member of his family can reside.
2. (d) Every application filed before the Controller under clause (a) above shall be dealt with in accordance with the procedure specified in sub-section (3A) and the provisions thereof in so far as they are applicable, shall apply to such proceedings.

Explanation.— For the purposes of this sub-section, ―Non-resident Indian‖ means a

person residing outside India, who is either a citizen of India or is a person of Indian origin].

48[(3C) (a) Notwithstanding anything contained in this Act, a landlord, who is

a senior citizen, or a widow, or a physically disabled person, on an application

made in this behalf to the Controller, shall be entitled to recover possession of any residential premises owned by him/her on the ground that such premises are bonafide required by him/her for occupation by himself/ /herself.

1. (b) Where the senior citizen, or a widow, or a physically disabled person recovers possession of the premises under clause (a), he or she shall not transfer it through sale or any other means or let it out before the expiry of a period of three years from the date of taking possession of the premises, failing which, the evicted tenant may apply to the Controller for an order that he or she be restored the possession of the said premises and the Controller shall make an order accordingly.
2. (c) The Controller shall pass an order for eviction of tenant on an application by a senior citizen, or widow or a physically disabled person under clause (a) above supported by documentary proof that such a person is a senior citizen, or a widow, or a physically disabled person.
3. (d) Every application filed before the Controller under clause (a) above shall be dealt with in accordance with the procedure specified in sub-section (3A) and the provisions thereof in so far they are applicable, shall apply to such proceedings. Explanation:— For the purposes of this sub-section,—
   • (i) senior citizen means a person who has attained the age of 60 years;
   • (ii) a widow includes a widower; and
   • (iii) a physically disabled person means a person who has suffered disability at least to the extent of 40% and is so certified by a medical authority specified under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (Central Act 1 of 1996), as amended from time to time.] (4) 49[save as provided in sub-sections (3) and (3A) any landlord] who desires to exercise the right conferred by this section shall make an application to the Controller and the provisions of section 25 in so far as they are applicable, shall apply to such proceedings].

Where the tenancy is for a specified period agreed upon between the landlord and the tenant, the landlord shall not be entitled to apply for possession under section 23 before the expiry of such period.

The Controller shall, if he is satisfied that the claim of the landlord under section 23 is bonafide, make an order directing the

tenant to put the landlord in possession of the building on such date as may be specified

by the Controller and if the Controller is not satisfied, he shall make an order rejecting the application:

Provided that in the case of an application under sub-section (3) of section 23, the Controller shall reject the application, if he is satisfied that the hardship which may be caused to the tenant by granting it will outweigh the advantage to the landlord:

Provided further that the Controller may give to a tenant a reasonable time of not less than three months and not exceeding six months for putting the landlord in possession of the building and may extend such time so as not to exceed six months in the aggregate from the date of the order.

*

No order for eviction shall be passed under section 23—

1. (i) against any tenant who is engaged in any employment or class of employment notified by the 50[Government] as an essential service for the purpose of this clause, unless the landlord is himself engaged in any employment or class of employment which has been so notified; or
2. (ii) in respect of any building which has been let for use as an educational institution and is actually being used as such, provided that the institution has been recognized by the 51[Government] or any authority empowered by him in this behalf.

25.— (1) Where a landlord who has obtained possession of a building in pursuance of an order under section 25 does not himself occupy it and for the purpose specified in the order within one month of the date of obtaining possession or, having so occupied it, vacates it without reasonable cause within three years of such date, the tenant who has been evicted may apply to the Controller for an order directing that he shall be restored to possession of the building and the Controller shall make and order accordingly not withstanding anything contained in sections 4 to 10.

1. (2) Where a tenant who is entitled to apply for possession under sub-section (1) fails to do so within one month from the date on which the right to make the application accrued to him, the Authorised Officer shall have power, if the building is required for any of the purposes specified in sub-section (1) of section 6, to give intimation to the landlord that the building is so required, and thereupon the provisions of sections 4 to 10 shall apply to the building: Provided that sub-section (2) shall not apply to a building to which the provisions of section 11 apply.

Where the Controller is satisfied that any application made by a landlord for the eviction of a tenant is frivolous or vexatious, the Controller may direct that compensation, not exceeding two months rent, be paid by such landlord to the tenant.

Where an application under

sections 22 to 23 for evicting a tenant has been rejected by the Controller or in appeal or revision, the tenancy shall, subject to the provisions of this Act, be deemed to continue on the same terms and conditions as before and shall not be terminable by the landlord except on one or more of the grounds mentioned in the said section 22 or section 23.

(1) Notwithstanding anything in this Act, on or application made by a landlord, the Controller may, if he is satisfied—

1. (a) that the building is reasonably and bonafide required by the landlord for carrying out repairs, alteration or additions which cannot be carried out without the building being vacated, or
2. (b) that the building consists of not more than two floors and is reasonably and bonafide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished, pass an order directing the tenant to deliver possession of the building to the landlord before a specified date. 52[(2) No order for recovery of possession under this section shall be passed, unless the landlord gives an undertaking that the building on completion of the repairs alterations or additions, or the new building on its completion, will be offered to the tenant who delivered possession in pursuance of an order under sub-section (1), for his re- occupation before the expiry of such period as may be specified by the Controller in this behalf, and unless the landlord provides temporary alternative premises to the tenant, when the order for recovery of possession is under clause (b) of sub-section (1): Provided that the alternative premises referred to above shall be given in the case of a residential tenancy, within the city or village area as the case may be, wherein the building is situated and in the case of non-residential tenancy, within a rading of 500 metres of the commercial area where the building is situated and when no such alternative premises are available within such commercial area, the landlord shall pay such compensation as may be fixed by the Controller to the tenant for the loss suffered by him until the new building on its completion is offered to the tenant for his re-occupation : Provided further that such compensation shall be fixed by the Controller after giving due notice to the landlord and after holding such enquiry as may be prescribed].

1. (3) In the event of the landlord failing to make the offer in accordance with the said undertaking, the Controller shall, on an application made by the tenant within one month after the expiry of the period specified under sub-section (2), make an order directing the landlord to deliver possession of the building to the tenant.
2. (4) The tenant on re-occupation of the building or occupation of the new building as the case may be, shall be subject to the following conditions, namely :—
   • (a) that he shall pay to the landlord the fair rent in respect of the building, provided that, in respect of the residential building, the tenant concerned shall not be required to pay a rent in relation to the area of more than double the rate at which he paid the rent for his former building immediately before delivering possession under sub-section (1);
   • (b) that the re-occupation of the building or occupation of the new building as the case may be, shall, save as provided in condition (a) above, be on the same terms and conditions on which he occupied the building before the delivery of the possession under sub-section (1).
3. (5) In case the tenant to whom the building or the new building, as the case may be, is offered under sub-section (2) by the landlord does not want to occupy it, the landlord shall give notice of vacancy in writing to the Authorised Officer under sub-section (1) of section 4.
4. (6) Nothing in this section shall entitle a landlord who has recovered the possession of the building for repairs, alterations or additions or for re-construction to convert a residential building into a non-residential building or a non-residential building into a

residential building, unless such conversion is permitted by the Controller at the time of

passing an order under sub-section (1).

reconstruction of building the possession of which has been taken over under section 6.— (1) Notwithstanding anything in this Act, on an application made by a landlord of a building the possession of which has been taken over under section 6, the Authorised Officer may, if he is satisfied—

a that the building is reasonably and bonafide required by the landlord for carrying out repairs, alterations or additions which cannot be carried out without the building being vacated, or

b that the building consists of not more than two floors and is reasonably and bonafide required by the landlord for the immediate purpose of demolishing it and such demolition is to be made for the purpose of erecting a new building on the site of the building sought to be demolished,

pass an order directing the allottee to deliver possession of the building to the landlord before a specified date.

1. (2) No order for recovery of possession under this section shall be passed unless the landlord gives an undertaking that the building on completion of the repairs, alterations or additions or the new building on its completion will be offered to the Authorised Officers before the expiry of such period as may be specified by the Authorised Officer in this behalf.
2. (3) In the event of the landlord failing to make the offer in accordance with the said undertaking, the Authorised Officer may proceed as if the landlord had failed to give the notice required by sub-section (1) of section 4.
3. (4) Nothing in this section shall entitle the landlord who has recovered possession of the building for repairs, alterations or additions or for reconstruction to convert a residential building into a non-residential building or a non-residential building into a residential building, unless such conversion is permitted by the Authorised Officer at the time of passing an order under sub-section (1).

(1) No tenant against whom a proceeding for eviction has been instituted by a landlord under this Act shall be entitled to contest the proceedings before the Controller or any appellate or revisional authority or to prefer any appeal or revision under this Act, unless he has paid to the landlord or deposits with the Controller or the appellate or revisional authority, as the case may be, all arrears of rent in respect of the building up to the date of payment or deposit and continues to pay or deposit any rent which may subsequently become due in respect of the building, until the termination of the proceedings before the Controller or the appellate or revisional authority.

1. (2) The deposit of rent under sub-section (1) shall be made within such time and in such manner as may be prescribed.
2. (3) Where there is any dispute as to the amount of rent to be paid or deposited under sub-section (1), the Controller or the appellate or revisional authority, as the case may be,

shall, on application made either by the tenant or by the landlord, and after making such

inquiry as he deems necessary, determine summarily the rent to be so paid or deposited.

1. (4) If any tenant fails to pay or to deposit the rent as aforesaid, the Controller or the appellate or revisional authority, as the case may be, shall, unless the tenant shows

sufficient cause to the contrary, stop all further proceedings and make an order directing

the tenant to put the landlord in possession of the building.

1. (5) The amount deposited under sub-section (1) may, subjected to such conditions as may be prescribed, be withdrawn by the landlord on application made by him in that behalf.