SASIDHARAN Vs. SREEDHARAN AND CO

JUDGEMENT

(1.) AS. No. 374/1985 arises from O. S. No. 13/1977, Sub Court, Tellicherry. That was a suit for eviction with, arrears of lodging charges, filed by the respondent in the appeal, who is hereinafter referred to as the plaintiff. The lower court decreed the suit. The appeal is filed by the defendant. A. S. No. 376/1985 arises from O. S. No. 14/1977, Sub Court, Tellicherry, which was a suit filed by the appellant, who is hereinafter referred to as the plaintiff, for eviction with arrears of lodging charges. The lower court dismissed that suit. The appeal is filed by the plaintiff. The appellant in AS. No. 376/85 and the respondent in A. S. No. 374/1985 is the same institution viz. K. Sreedharan & Co. , Cannanore, which institution owns a hotel named 'hotel Savoy' at Cannanore. The appellant in A. S. No. 374/85 as well as the respondent in AS. No. 376/85 were two occupants of certain rooms in the hotel. They are hereinafter referred to as the defendants. The contention of the defendants was almost similar. The lower court disposed of both the suits by a common judgment. Therefore, these appeals are being disposed of by this common judgment.

(2.) THE plaintiff is a registered partnership firm running Hotel Savoy at Cannanore. THEy purchased that hotel by registered document dated 17-10-1974. Defendants are lodgers in Hotel Savoy occupying cottage type rooms. THE defendant in O. S. No. 13/77 is occupying room Nos. 18andl9anda ear shed. Defendant ino. S. No. 14/ 77 is occupying room Nos. 10 and 11 and a car shed. THE plaintiff introduced modern facilities in the hotel and thereafter enhanced the lodging charges per day for all types of rooms with effect from 1-6-1975. For cottage type rooms the charge was Rs. 10 per day. For the usage of car shed the rent was Rs. l/- per day. THE defendants did not pay the enhanced charges. THE defendant in O. S. No. 13/77 kept an amount of Rs. 11,076/- as arrears of lodging. charges from 1-1-1975 to 31-10-1976. Defendant in O. S. No. 14/ 77 kept an amount of Rs. 9,549/- as arrear upto30-ll-1976. Accordingly these suits were filed for eviction and for recovery of arrears of lodging charges.

(3.) IN the nature of the contentions on either side, the only point to be decided is whether the defendants are tenants coming within the ambit of Kerala Buildings (Lease and Rent Control) Act, as contended by them or whether the rooms in question are rooms in a hotel and excluded from the definition of "building" in the said Act. Since the lower court has entered divergent findings in respect of the contentions of the defendants, the evidence in this regard in the two suits may be considered separately.