Amendment status not verified — confirm the current text below against the official source.
Grounds of eviction.— (1) A landlord who seeks to evict his tenant shall apply to the Controller for a direction in that behalf. (2) If the Controller, after giving the tenant a reasonable opportunity of showing cause against the application is satisfied — 12[(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; Central Act 104 of 1956 12Substituted by G.D.D. 11 of 1976 S. 2 (Official Gazette, Series I No. 9 dated 27-5-1976). The Original clause (a) reads as follows: “(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; or”. Manual of Goa Laws (Vol. I) – 499 – Buildings (Lease, Rent and Eviction) Control Act (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 13[ 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 (f) that the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause; or (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: 14[(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. (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].