IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.328 OF 2024
(Dr. Neela Gokhale J.)
(D.o.D. 23.04.2026)
Shri Pandurang Damodar Kamat … Petitioner
Versus
Shri George Veerampully … Respondent
Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 -Section 2, 21 – the Rent Controller vested with power to decide whether the ‘landlord’ and the ‘tenant’, fall into the definition of the words as given in Section 2 of the Act. The Rent Controller would be well within his jurisdiction to conduct a preliminary inquiry to ascertain the existence of such relationship.
Admittedly, there is no express provision in the Goa Rent Control Act empowering the Controller or the Tribunal to determine the existence of a landlord-tenant relationship. The provisions of the Rent Control Act postulate a pre-existing relationship. The Act is directed to control some of the terms and incidents of that relationship. The various provisions of the Rent Control Act indicate that the Rent Controller is vested with jurisdiction to entertain an application for eviction made by a landlord. The jurisdiction to order eviction depends entirely on the existence of a landlord-tenant relationship. Hence, the power to decide whether the ‘landlord’ and the ‘tenant’ fall into the definition
of the words as given in Section 2 of the Act, must also be vested with the Rent Controller.
Section 21 of the Act provides that if a tenant denies the title of a landlord or claims a right of permanent tenancy, the Controller is vested with the jurisdiction to decide as to whether the claim or denial is bona fide. Ordinarily, it is for the Civil Court to decide complex issues regarding title of a person to property. But this Act is enacted to provide for control of rents and evictions of tenants, 0avowedly for their benefit and protection. Ordinarily, in a situation
where the tenant seeks restoration of electricity to the premises, and the landlord denies the relationship itself, the jurisdiction of the Rent Controller to inquire into this question cannot be ousted. The Rent Controller would be well within his jurisdiction to conduct a preliminary inquiry to ascertain the existence of such relationship.
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