1. ZIA PERWEZ, --- This Constitution petition is directed against the impugned judgment- of First Additional District and Sessions Judge, Karachi South in F.R.A. No. 1294/2001, dated 06.03.2004, upheld the order of learned Xth Senior Civil Judge, Karachi South in Case No. 1730./1997, dated 24.12.1999.
2. Mr. Shehapshah Hussain, learned counsel for the petitioner has contended that both the Courts below have held that the premises being that of a Hotel are not within the jurisdiction of the Rent Controller, Contention of Mr. Shehanshah Hussain, learned counsel for the petitioner is that the actual , use of the premises is the fact which determines the question of jurisdiction. The mere fact that a large building belongs to hotel in which activities of a hotel are confined to specific area while in the remaining area of the commercial building a number of tenements have been rented out on monthly rent not involving any hotel activities. These are matters to be considered on the basis of evidence on record. Mere fact that the premises is owned by a Company having the name of hotel would, not attract the Bar contained in Section 2(h) of the Sindh Rented Premises Ordinance, 1979.
3. Heard the learned counsel and perused the record.
4. The provisions requiring consideration in sub-section 2(h) of the Sindh Rented Premises Ordinance, 1979, which reads as follows:---
(h) "Premises" - means a building or land, let out on rent, but does not include a hotel; Before reading of the Sub-section shows that the jurisdiction is barred if the premise is a hotel.
5. According to Shorter Oxford English Dictionary the word "hotel" inter alia means "an Inn; especially one of the superior kind", and the word "inn" according to the same dictionary inter alias means "a dwelling place, habitation, lodging a public house for the lodging and entertainment of travellers, wayfarers etc." According to Black's Law Dictionary "hotel" means as under:--- "Hotel is a building held out to the public as a place where all transients persons who come will be received and entertained as guests for compensation and it opens its facilities to the public as a whole rather than limited accessibility to a well-defined private group."
6. From the various definitions of the word "hotel" it ordinary grammatical meaning and as used in some of the statutes interpreted judiciary the concept of hotel imports the idea of providing accommodation to travellers and guests. See PLD 1989 SC 294 (Zafar All v. Allah Bachayo), PLD 1987 Kar. 273 (Dar Muhammad and others v. Muhammad Qasim), 1983 CLC 723 (Allah Ditta and 2 others v. Walayat and others), 1990 M LD 840 (Abdul Hameed Khan and others v. Karimji Ebrahimji and others). Hotel is a building held out to the public as place where all transient persons who come will be received and entertained as guests for compensation and it opens its facilities to the public as whole rather. Than limited accessibility to a well-defined private group. See 2005 YLR 122 (Abdul Malid v. Muhammad Arshad & sons), 1995 SCM R 313 (Shafiq-ur-Rehman v. Haji Agha Hassan), 1996 SCM R 771 (Muhammad Anwar v. Jamaluddin).
7. The above meanings specifically convey that for purpose of the definition of hotel certain activities and functions associated with the operation of hotel should be involved in connection with the premises rented out.
8. It is therefore the purpose of which the premises was let out that constitutes the criteria to define a premises as a hotel. The fact of ownership of a premises by a hotel. Unless the activities are those ancillary to the operation of hotel as in the case of Shopping Malls etc. Which makes some part of the hotel. It appears that both the two Courts below ignored the view of this Court with particular reference to specific nature, of occupancy as tenant. Mere fact that the property is owned by hotel who is landlord would not attract the bar for the tenement to be dealt with as a hotel for purpose of Section 2(h) of the Sindh Rented Premises Ordinance, 1979.
9. For the foregoing reasons the petition is allowed. Case is remanded to learned Rent Controller for decision of the ejectment application on merits on the basis of evidence already recorded. /Case remanded.