FEROZE N DOTIVALA Vs. P M WADHWANI
SUPREME COURT OF INDIA (FROM: BOMBAY)
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(1.)An advertisement was published in the Times of India dated 5.10. 1969; it read as follows :
"Accommodation available for two rooms self-contained apartment with sea-view, telephone optional ideal for executives, couples, reasonable terms",
(2.)The appellant before us, namely, Feroze N. Dotivala approached the respondents namely, Wadhwanis in response to the above noted advertisement and he was given the accommodation on payment of certain amount as compensation for the same. The moot question that falls for consideration in this appeal is about the nature of occupation of the premises as to whether the appellant is a 'licensee1 or a 'paying guest' in the light of the relevant provisions under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (for short 'the Act').
(3.)According to the appellant, in the year 1975 after the death of the mother of the respondent no. 1, he wanted the appellant to give in writing that he was occupying the premises as a paying guest. The appellant did not accede to the request made. This gave rise for the appellant to file a suit for declaration, namely, suit no. 2365 of 1975 in the small causes court, bombay for a decree in his favour that he be declared as a deemed tenant of the accommodation and an injunction was also prayed against the defendant respondents to the effect that they would not disturb his possession over the premises in question. The suit was decreed. The appeal filed before the division bench of the small causes court was dismissed. A writ petition, however, preferred by the respondent has been allowed by the High court holding that the appellant before us is a 'paying guest'. Hence, this appeal against the judgment and order of the High court.
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