MAJOR (RETD.) KEHAR SINGH (SINCE v. MR. VELENTINO XAVIER PEREIRA

Heard Shri A.D. Bhobe, learned Counsel appearing for the petitioner and Shri D. Pangam, learned Counsel appearing for the respondent.

The above petition challenges an order passed by the learned Administrative Tribunal dated 13/11/2009 in Eviction Revision Application No.62/1999 whereby a revision preferred by the petitioner challenging an order granting an application amendment filed by the respondents came to be dismissed.

During the course of the hearing of the above petition, it was brought to my notice that by order dated 11/09/2012, passed in the above petition, the learned Division Bench has come to the conclusion that the Rent Controller under the Goa, Daman & Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 has powers to allow the amendment of the pleadings of the applications/replies filed in the proceedings under the Act.

The main contention of the learned Counsel appearing for the petitioner is to the effect that the Rent Controller had no powers to grant such amendment application. In view of the judgment passed by the Division Bench, I find that no interference is called for in the impugned judgment taking note of the fact that the Division Bench has taken a view that the Rent controller has powers to allow the amendment application. The other challenges to the amendment application have not been pressed before me.

In view of the above, no interference is called for in the impugned order. Hence, the petition stands rejected. NH F. M. REIS, J.