2002 AIR SCW 4904 ::2003 SCFBRC 123 ::(2003) 1 WLC(SC)CVL 179 ::(2003) 1 IndLD 387 ::2003 (1) SCC 433 ::(2002) 2 RenCR 702 ::(2002) 9 Scale 1 ::2003 All CJ 1 637 ::(2003) 50 All LR 221 ::(2002) 4 CurCC 225 ::(2003) 4 Bom CR 132 ::(2003) 4 Mah LJ 126 ::(2003) 1 RentLR 23 ::(2002) 2 RenCJ 227 ::(2002) 8 Supreme 437 ::(2003) 2 Cal HN 6 ::(2003) 2 AllIndCas 625 (SC)

Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): R. C. Lahoti, Brijesh Kumar , JJ

(A) Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.5(6A), S.5(5A)— Paying guest - Joint occupation and unity of residence - Not an ingredient provided in definition of paying guest - Such ingredient cannot be read into the definition. Joint occupation and unity of residence would be one of the ingredients of a 'lodger' but it may not be wise to import the meaning and attributes of the term 'lodger' as prevalent under the English law to ascertain the meaning of 'paying guest' which is specifically defined under the Act. It is not possible to add to what has been already defined by the Legislature for the purposes of a particular enactment dealing with a particular kind of situation, it envisages to meet. The defined term under particular statute has its own scope and limits. The meaning of the word 'paying guest' in general may be anything; but for the purposes of the particular enactment its meaning and ingredients cannot be expanded or subtracted. Therefore finding out the meaning of the word 'paying guest' depending upon the ingredients of unity of residence and control or dominion over the premises given, as relevant for the purposes of 'lodger' under the English law would not be a correct approach. More so, when there is no ambiguity in the definition of 'paying guest' as defined under the Act/All that was to be examined was a....