TMI Blog2013 (4) TMI 121X X X X Extracts X X X X X X X X Extracts X X X X ..... hing 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the defendants retained control or dominance over the premises given to the plaintiff nor it would be conceivable that defendants would agree to suffer unity of residence with the plaintiff. The language used in the advertisement has also been taken into consideration to rule out the plea of the respondent that the appellant was a paying guest. The trial court, however, denied the relief sought for use of the terrace, which also he claimed to be in his tenancy, adjacent to his premises in corner of which one Shri Ajhwani lived in a room. The case of the defendant regarding common use of certain parts of the accommodation was not accepted. The appellate court while dismissing the appeal made reference to the English Law on the subject and on the basis of the same observed that the licensor must retain general control over the premises given to a person as a paying guest. He should also be a dominant occupier with the paying guest in subordinate occupation of the premises. The appellate court has also observed that the draftsmen of the definition in the Bombay Rent Act appeared to have followed the English legal position and then it observes: Apart from all that the term part of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce given for a licence fee or charge; and includes any person in such occupation of any premises or part thereof in a building vesting in or leased to a co-operative housing society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960; but does not include a paying guest, a member of a family residing together, .. xxx xxx xxx (6A) paying guest means a person not being a member of the family, who is given a part of the premises, in which the licensor resides, on licence; xxx xxx xxx (8) premises means- (a) any land not being used for agricultural purposes; (b) any building or part of a [building let or given or licence separately] (other than a farm building) including- (i) the garden, grounds, garages and out-houses, if any, appurtenant to such building or part of a building, (ii) any furniture supplied by the landlord for use in such building or part of a building, (iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof, but does not include a room or other accommodation in a hotel or lodging house; xxx xxx xxx 15A. (1) Notwithstanding anything containe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the meaning of the word lodger . In connection thereof it has been found that joint occupation and unity of residence would be one or the ingredients or a lodger which has been applied to a paying guest under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. In our view it may not be wise to import the meaning and attributes of the term lodger as prevalent under the English law to ascertain the meaning of paying guest which is specifically defined under the Act. It is not possible to add to what has been already defined by the Legislature for the purposes of a particular enactment dealing with a particular kind of situation, it envisages to meet. In our view the trial court and the appellant court mis-directed themselves by being guided by the meaning of the word lodger as prevalent under the English law. A defined term under a particular statute has its own scope and limits. We need not emphasise that even two similar terms may not mean the same thing if defined in two different enactments in their own context. The meaning of the word paying guest in general may be anything; but for the purposes of the particular enactment its meaning and ingredi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which has been given to the appellant by the licensor who occupies the remaining part of the whole terrace flat. The finding to the effect that the part given to the appellant is in his exclusive use and separate would be of no consequence so long it is a part of the whole premises. It is not necessary to go into those details which have been pointed out by the learned counsel for the respondent to show that certain parts of premises have been in joint use since in our view that will not be a very relevant consideration. The joint use may or may not be there. It is sufficient if the premises given, is a part of the whole premises remaining of which is in occupation of the landlord. 10. We feel that in view of the definition of the word 'paying guest' as defined under the Act it would be more appropriate to examine as to whether the whole premises can be used as one, including, which is given to the person for occupation along with the remaining part in occupation of the landlord or not. The fact that a part of the premises is used exclusively by another would not be relevant. On the other hand what would be relevant would be if the premises could be used as one after pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. Fittall. Another case of this court referred to is , Surendra Kumar Jain v. Royce Pereira. Apart from other facts there was an admission that he person was occupying the premises as a paying guest. It was also found as fact that one of the bedrooms could be reached only passing through the accommodation with the occupier but besides these facts the observations relevant for the purpose of this case are: In our opinion all that is required to make a licensee answer the description of a paying guest is that the licensor also resides in the premises of which a part is in the possession of the paying guest and it is not required that the licensor should physically reside in the same room as the paying guest. The words in which the licensor resides qualify the words premises , which immediately precede the said words and are not intended to qualify part of the premises as wrongly assumed by the trial court.' It appears that the occupier and the licensor were residing on two different floors. Then too it was observed in para 15 as under: It was argued for the appellant that been if the words premises, in which the licensor resides would not mean the very room ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to embrace things which are strictly not within the meaning of the word as defined. 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. 15. Learned counsel for the appellant submitted that the learned single Judge erred in following the decision in the case of Sarfarzali (supra) since the point in question was not directly involved and the division bench had made observations in a passing way. Even if that be so, in our view, the division bench was right in making those observa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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