Section 22 in The Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968
22. 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 -(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] [[Substituted by G.D.D. 11 of 1976 Section 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'.]];(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;(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 [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] [By the Amendment Act (No. 12 of 1992) the words 'in place where such dwelling house is situated' were inserted. However by the Amendment Act No. 4 of 2006, published in the Official Gazette, Series I No. 51 dated 23rd March, 2006 above expression is substituted, this Amendment came into force w.e.f. date of publication.]; 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 bona fide;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:(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] [[Proviso omitted by G.D.D. 11 of 1976. Section 2 (Official Gazette, Series I No. 9 dated 27-5-1976).The omitted proviso reads as follows:'Provided that in any case falling under clause (a), if the controller is satisfied that the tenants' default to pay or tender rent was not without reasonable cause, he may, not withstanding anything contained in section 32, give the tenant a reasonable time, not exceeding thirty days, to pay or tender the rent due by him to the landlord upto the date of such payment or tender the application shall be rejected'.]].
