Supreme Court of India
Khalil Ahmed Bashir Ahmed v. Tufelhussein Samasbhai Sarangpurwala
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that this was a licence and not a lease as we discover the intent.
Judgment, page 11
From the headnote
Presidency Small Cquses Courts Act, 1882: Section 41-Suit for ejectment-Question whether occupant a licensee 'tenant-Intention of the parties to the agreement decisive consitieration-Lease and license Distinction between. Transfer of Property Act, 1882: Sections 105 and 108--Lease and license-Distinction between-Interest in immovable property entitling transferee to enjoyment created-Effect of-Whether agreement creates relationship of landlordltenant or /icensor'licensee-Intention of parties-Decisive consideration.
Authorities it was built on
Where later benches applied it
- 2018 Asian Resurfacing of Road Agency Pvt. Ltd. & Anr.v. Central Bureau of Investigation v. Central Bureau of Investigation
- 2002 The Corporation of Calicut v. K. Sreenivasan
- 1988 Smt. Rajbir Kaur & Anr. v. S. Chokesiri & Co.
Of those, 1 referred to · 2 mentioned
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