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State of Goa - Section

Section 3 in The Goa, Daman and Diu Protection of Rights of Tenants (Cashewnut and Arecanut Gardens) Act, 1971

3. Grounds of eviction and restoration of possession.

(1)Notwithstanding anything to the contrary contained in any other law for the time being in force or in any contract or a decree or order of any court, a tenant shall not be liable to eviction save as provided in sub-section (2).
(2)A landlord may apply in writing to the Mamlatdar for the eviction of his tenant on the ground of causing damage to the garden on lease or for non-payment of rent within sixty days from the date on which the rent is due under the terms of the tenancy:Provided that no order of eviction on the ground of non-payment of rent shall be made if the tenant deposits with the Mamlatdar at any stage of the proceedings for eviction, the rent due, or if the rent is payable in kind, its market value on the date of deposit, together with cost of the application and other cost, if any, to be determined by the Mamlatdar.
(3)Any tenant who has been evicted from the garden on lease at any time on or after the appointed day, may, within six months of the commencement of this Act, or of the date of his eviction, whichever is later, on grounds other than the ones mentioned in sub-section (2), make an application in writing to the Mamlatdar for restoration of possession:Provided that, in case of gardens leased on or after the appointed day but before the 28th February, 1971, the restoration of possession shall take place on the 1st March, 1972.
(4)The Mamlatdar shall, on receipt of an application under sub-section (2) or sub-section (3) make such inquiries as he may consider necessary in respect of such application and make an order disposing of the same.
(5)No order of disposal shall be made by the Mamlatdar under sub-section (2) or (4) unless the party against whom the order is proposed to be passed has been given an opportunity of being heard in the matter.