SURENDRA KUMAR JAIN Vs. ROYCE PEREIRA

JUDGEMENT

(1.) Leave granted.

(2.) These two Civil Appeals have been filed by the appellant against the judgment of the Bombay High Court in W. P. Nos. 5105 and 5106 of 1994.

(3.) The respondent filed L.E. and C. Suit No. 86/116 of 1979 for possession against the appellant of one room adjoining the kitchen on the ground floor of the banglow known as 'Carmel View' situated at 63, Mount Carmel Road, Bandra(W), Bombay and for arrears of paying guest charges of Rs. 2500/- till 31-12-1978 at Rs. 200/- per month and for mesne profits from 1-1-1979 till vacant possession is granted. The appellant filed R.A.D. Suit No. 2041 of 1979, Small Causes Court, Bombay for a declaration that he was tenant in respect of the Hall cum dining hall, bed-room No. 3, W.C., Pantry and Bathroom. According to the respondent-owner, the appellant was a 'Paying Guest' from February/March 1971 of Bed Room No. 2 on an occupation charge of Rs. 120/- per month. In December 1973, the appellant was married at Allahabad and before his wife joined him, executed a letter dated 31-1-1974 admitting that he was a paying guest and seeking permission to bring his wife. He was so permitted and was permitted to use the dining hall also. The occupation charges were increased to Rs. 200/- per month. According to the appellant the respondent forcibly entered in the hall in October, 1978. The respondent gave a notice dated 2-11-1978, revoking the permission granted to the appellant to occupy as 'paying guest". The appellant sent a reply on 19-12-1978 and claimed he was a licensee and did not claim that he was a tenant. The respondent sent a rejoinder on 19-12-78. The respondent filed an eviction case on 28-2-1979 as stated above and the appellant filed the other suit on 12-4-1979 for declaration that he was tenant.