S R MALLAIAH Vs. KALYAN LODGE

JUDGEMENT

(1.) this is a classic instance of a man insatiably indulging in the hospitality of an inn-keeper but reciprocating only with the recalcitrant attitude of neglecting his obligations.

(2.) the petitioner is a lodger in a lodge called kalyan lodge located inseshadripuram area, a prime locality of Bangalore. Ofcourse he appears to have been there right from the year 1986 was paying a tariff of Rs. 56/- per month and according to the inn-keeper he went on paying at the flat rate of Rs. 567- per month even when the rates of occupancy stood revised once in 1973 and again in 1979 by the competent authority under the Rent Control Act. It is said in 1973 the room rents were hiked to Rs. 125/- per month and in 1979 the inn-keeper became entitled to collect at the rate of Rs. 18/- per day from each of his lodgers. Despite this steep hike in tariff, it is said the petitioner went on paying at the flat rate of Rs. 56/- as he was accustomed to right from the year 1962 when he became an incumbent of the lodging house.

(3.) not unnaturally, the lodge owner went to the competent authority solicitingan order of ejecting him from the lodging house on two grounds: