Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2013 (4) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (4) TMI 121 - SC - Indian LawsAdvertisement - appellant approached the respondent in response to the advertisement published in Times of India regarding available accommodations 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 'licensee' 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').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. Held that - Generally, ordinary meaning is to be assigned to any word or phrase used or defined in a statute. Therefore, unless there is any vagueness or ambiguity, no occasion will arise to interpret the term in a manner which may add something to the meaning of the word which ordinarily does not so mean by the definition itself, more particularly, where it is a restrictive definition. No such compelling reason has been indicated to us by reason of which some more ingredients may be read in the term "paying guest", other than which simply flow from the definition as provided. In the case in hand the definition of the word 'paying guest' begins with "it means". It is to be read and understood in the manner defined. There would be no justification to expand or to further restrict it by including or super-imposing some ingredients or elements which otherwise do not admit of such inclusion and to give a different colour and meaning to the defined word. A person answering the description of 'paying guest' in accordance with Section 5(6A) of the Act is to be treated as such without requiring fulfillment of any other condition. We, therefore, find no infirmity in the orders passed by the High Court. The appeal is, therefore, dismissed devoid of any force. However, considering the fact that the appellant is in occupation of premises since a long time we allow him six months time to handover vacant possession of the premises to the respondents on furnishing usual undertaking to that effect in this court within a period of four weeks from today.
|