Otto Jaime Hamilton P. de Souza v. Pandurang Vishnu Mahatme
2012-09-26
F.M.REIS
body2012
DigiLaw.ai
Judgment Heard Shri S. Karpe, learned Counsel appearing for the petitioner. None for the respondent though served. 2. Rule. Heard forthwith. 3. The short point for consideration in the above petition is as to whether the impugned orders passed by the Authorities below to the effect that the Rent Controller has no power to grant an amendment of the main eviction application under the provisions of Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 are justified. The Authorities below have come to the conclusion that no such powers are vested in the Rent Controller in view of the judgment of the learned Single Judge of this Court passed in Writ Petition No.814/2010. The said judgment passed by the learned Single Judge came to be referred to a Larger Bench and by order dated 11/09/2012 passed in the above proceedings the learned Division Bench has come to the conclusion that the Rent Controller has powers to grant an amendment of the main application and/or replies to such proceedings within the provisions of Act. 4. In view of the said judgment of the Division Bench the ground on which the application for amendment came to be rejected cannot be sustained and deserves to be quashed and set aside. The learned Rent Controller, as such, would have to consider the application filed by the petitioner for amendment dated 5/02/2010 afresh after hearing the parties in accordance with law. 5. In view of the above, I pass the following order: ORDER (i) The impugned orders dated 24/03/3011 passed by the learned Tribunal and order dated 15/12/2010 passed by the Rent Controller are quashed and set aside. (ii) The Rent Controller is directed to dispose of application for amendment filed by the petitioner dated 5/02/2010 afresh after hearing the parties in accordance with law, as expeditiously as possible. (iii) Rule is made absolute in the above terms. (iv) The petition stands disposed of accordingly.