The Bombay High Court at Goa demands review regarding tenancy of the suit premises
Title: Bertalinha Lourenco v. John Lourenco
Decided on: July 10, 2023
Citation: 2023 SCC OnLine Bom 1382
CORAM: HON’BLE JUSTICE M.S SONKAR
Introduction
The Bombay High Court at Goa demands proper review regarding tenancy of the suit premises
Facts of the Case
The petition in question is to challenge an order dated 15.01.2016 made by the Commissioner, Corporation of the City of Panaji (CCP) and the order dated 14.05.2020 made by the Principal Secretary, Urban Development dismissing the petitioner’s application dated 31.01.2014 for transfer of trade license in her name consequent upon the death of her husband, Domingos Lourenco. The petition was dismissed on the grounds that the Revisional Authority under the Rent Act had made an order dated 26.07.2019 ordering the eviction of the petitioner and her children from the suit premises through which the petitioner operated a printing press under the name and style of “Popular Printing Press”. However, later this was set aside. Issue is whether the petitioner and her children are the exclusive tenants of the suit premises or whether John Lourenco and his wife Olga are also the tenants along with the petitioner and her children.
Court Analysis and Judgement:
The Court held that the impugned orders dated 15.01.2016 and 14.05.2020 are set aside, and the matter is remanded to the CCP Commissioner to decide the petitioner’s application dated 31.01.2014 for grant/transfer of trade license to the petitioner and take actions in compliance with the principles of natural justice. The Court also ordered that until the Petitioner’s application is decided, the printing press operations from the suit premises must not be disturbed by the CCP. The Court additionally ruled that the Petitioner must pay the necessary taxes etc., to the CCP without claiming any equities and the Petitioner must deposit Rs. 75,000/- with the CCP within 30 days on account, in accordance with the Commissioner’s final orders.
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Written by- Reema Nayak
