SURENDRA KUMAR JAIN versus ROYCE PEREIRA

SURENDRA KUMAR JAIN versus ROYCE PEREIRA

A person is a paying guest if the licensor resides in the premises and retains legal control, regardless of physical presence in the same room. The owner need not live in the same room as the paying guest; de jure control is sufficient. Since appellant was not a licensee on 1.2.1973, he cannot claim deemed tenancy under Section 15A.

Parties
Appellant: Surendra Kumar Jain; Respondent: Royce Pereira
Jurisdiction
India
Judgment Date
19 November 1997
Procedural Posture
Civil Appeal / Supreme Court Final Disposition on Appeal From Bombay High Court Writ Petition Decision
Outcome
Appeals dismissed
Legal Topics
Paying Guest, Licensee, Deemed Tenancy, Control of Premises
Tenancy Law Paying Guest Licensee Deemed Tenancy Control of Premises

Case Brief

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Parties

Surendra Kumar Jain

Appellant

Royce Pereira

Respondent

Procedural Posture

Civil Appeal / Supreme Court Final Disposition on Appeal From Bombay High Court Writ Petition Decision

Legal Issues

  1. 1 Whether the appellant was a 'paying guest' or licensee/tenant under the Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947
  2. 2 Whether de jure control of the premises is sufficient to qualify as licensor's residence under Section 5(6A)
  3. 3 Whether owner must physically reside in the same room as paying guest

Ratio Decidendi

A person is a paying guest if the licensor resides in the premises and retains legal control, regardless of physical presence in the same room. The owner need not live in the same room as the paying guest; de jure control is sufficient. Since appellant was not a licensee on 1.2.1973, he cannot claim deemed tenancy under Section 15A.

Court Disposition

Appeals dismissed

Orders

  • Appellant is only a paying guest and not tenant/licensee under Section 15A
  • No costs