SASIDHARAN Vs. SREEDHARAN AND CO

JUDGEMENT

(1.) AS No. 374/1985 arises from OS 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. AS 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 AS 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 AS 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 OS No. 13/77 is occupying room Nos. 18 and 19 and a ear shed. Defendant in OS 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. 1/- per day. The defendants did not pay the enhanced charges. The defendant in OS 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 OS 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.) The contention of the defendant in O.S.No.13/1977 was that he took room Nos. 18 and 19 on rent from Mythili Amma, who was the then landlady of Hotel Savoy. Hotel Savoy was the name given to a group of buildings in a big compound. It contains several independent buildings and rooms which were separately let out on rent. Numbers were given for the buildings but they did not have any special significance. The rent of the building at the time it was taken on lease was Rs.180/- per month and Rs.12/- per month for the car shed. The defendant was also paying electric charges. He has effected improvements in the building with the knowledge and consent of the landlady. The building was used only as a residential building. He is a tenant as defined in the Kerala Buildings (Lease & Rent Control) Act. The building is not a cottage in a hotel premises. Defendant is not a lodger. He is not liable to pay the enhanced rent.