J M KHINVASARA Vs. K S RAMAMURTHY

JUDGEMENT

(1.) By this petition, the petitioner challenges the order dated 24.1.1986 passed by the 4th Additional District Judge, Pune in Civil Appeal No.977/1984. That appeal was filed by the respondent, challenging the order dated 20.11.1984 passed by the Controller of Hotels and Lodging Houses, Bombay, directing the respondents to vacate the rooms occupied by them. These proceedings were initiated by the petitioner on the assumption that the respondents are lodgers and not tenants. In the appeal filed by the respondent, the appellate Court has held that there was a civil suit filed by the respondent and in that civil, being Reg. Civil Suit No.2913/78, a finding has been recorded that the respondents are not lodgers and they are tenants. This finding appears to have been confirmed through out. Therefore, between the parties it is established position that the respondents are not lodgers but they are tenants. Therefore, no fault can be found with the order of the appellate Court, setting aside the order passed by the Controller. The petition therefore, has no substance. The learned counsel for the petitioner, however, submitted that the respondents are not making any payments from 1.4.1978. However, it is to be seen here that as the respondents are held to be tenants, the petitioner has remedies open to him for recovery of the arrears of the rent. The petitioner is, therefore, free to adopt such remedies for recovery of arrears of rent.