Goa Silly Souls Cafe row: Lease agreement not admissible as evidence, says owner’s lawyer

After a hearing before Excise Commissioner Narayan Gad on Monday, Nazareth said, “Under the law, there is a distinction between an agreement of lease and a lease deed. Agreement of lease just says that parties would enter into a lease deed if they so wish to. Under the Transfer of Property Act, Section 106 read with Section 17 of the Registration Act, every lease has to be by a registered document. If the lease is not by registered document that lease is not valid under the law. Section 49 of the Registration Act clearly says that no such lease is admissible in evidence. So, this agreement for lease never culminated into a lease deed. And therefore, no rights were created to the parties under this.”

In their reply to the show-cause notice issued by the Excise Commissioner on July 25, late Anthony D’Gama’s wife Merlyn and son Dean D’Gama, owners of the premises in Assagao from where the restaurant was run, stated that the property was “exclusively” their “business” and involved “no other person/persons”.

Asked whether or not Eightall had leased the property from the D’Gamas, Nazareth said, “Please ask that to Eightall.” A questionnaire mailed to by The Indian Express to Yogesh Vajani, Director, Eightall Food and Beverages, on September 8, did not elicit a response.

In his seven-page reply filed before the Commissioner on Monday, Rodrigues annexed the lease agreement and stated that the GSTIN number and the Food and Drugs Administration (FDA) lincence issued to Silly Souls Café and Bar was in the name of Eightall Food and Beverages LLP. Rodrigues, who availed the lease agreement and the permissions given to the restaurant by the Directorate of Food and Drugs Administration in Goa under the Right to Information Act, said that the documents revealed that a lease agreement was signed between Anthony D’Gama’s lawful attorney Dean D’Gama and Eightall Food and Beverages on January 1, 2021, for 10 years at a monthly rent of Rs 50,000. Documents show that the lease agreement was executed at Mapusa on January 7, 2021, before Notary Nazareth.

Rodrigues contended that the documents clearly reveal that the D’Gamas had “acted in contravention of the provisions of the Goa Excise Duty Act and Rules in applying and malafidely obtained that Excise Licence…” Rodrigues also stated that there were “gross procedural irregularities on the part of the excise officials.” He stated in his reply that “this could be a fit case to initiate criminal proceedings of fraud and forgery…” against the heirs of Anthony D’Gama.