Easement Act, 1882, Section 53, Transfer of Property Act, 1882, Section 105 -- Lease or licence - Exclusive possession by itself would not militate against the concept of a licence, if the circumstances negative any intention to create a tenancy...........
Transfer of Property Act, 1882, Section 105 -- Lease - Generally the rent for a particular month is payable in the 1st week of the next month - There is no general practice of payment of rent in the beginning of the current month - Unless it is specifically established by the tenant that it was paid only for the month in which it was paid, it cannot be said that the said..........
Transfer of Property Act, 1882, Section 105 -- Lease - Mulgeni lease - Nature of - Explained...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Nomenclature is not relevant - It is nature of allotment which is relevant to decide whether it is lease or licence...........
Transfer of Property Act, 1882, Section 105, Easement Act, 1882, Section 52 -- Lease or licence - Shop to be run for sale of particular product and sale was to cater to needs of particular group of people, namely workers and their families residing within stated housing locality - Express condition that licence was not heritable or assignable and on expiry of period of..........
Specific Relief Act, 1963, Section 39, Transfer of Property Act, 1882, Section 105, 107, Court Fees Act, 1870, Section 7(iv)(c) -- Licensee - No need to file suit for possession by paying court fee on the market value of the property - Suit for mandatory injunction is maintainable...........
Transfer of Property Act, 1882, Section 105 -- Lease of building alone - Is possible - Law does not provide that lease of building alone, above land is impermissible or that it necessarily takes in the site underneath as well...........
Transfer of Property Act, 1882, Section 105, 107 -- Test to determine -
(i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin;
(ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered from the meaning..........
Transfer of Property Act, 1882, Section 105, 107 -- Lease or licence - `Rent' is not decisive of relationship between parties - Intention of the parties at the time of entering into agreement is relevant factor - Suit filed for eviction on ground respondent was induced into possession as licensee and licence stood terminated - Respondent's plea that he was tenant entitled..........
Transfer of Property Act, 1882, Section 105, 107 -- Lease or license - Test to determine - (i) Real test is to find out the intention of the parties keeping in mind that in cases where exclusive possession is given, the line between lease and license is very thin; (ii) Intention of the parties to be gathered from the document itself and mainly, intention is to be gathered..........
