(1) THE short question which arises for consideration in this appeal is whether the following transactions covered by Exhibits P-4, 3,2,8,7,6 and 5 dated 1/5/1969, 9/9/1974, 1/11/1975, 1/1/1976, 1/4/1977, 22/3/1978 and 16/4/197979 respectively amount to licence or lease. We may refer to Associated Hotels of India Ltd. v. R.N. Kapoor wherein the distinction between lease and licence has been set out. The following tests are applied to distinguish between the two-

(1 to ascertain whether a document creates a licence or lease, the substance of the document must be preferred to the form;

(2 the real test is the intention of the parties whether they intended to create a lease or a licence;

(3 if the document creates an interest in the property, it is a lease; but, if it only permits another to make use of the property, of which the legal possession continues with the owner, it is a licence; and

(4 if under the document a party gets exclusive possession of the property, prima facie, he is considered to be a tenant; but circumstances which negative the intention to create a lease."

(2) THE same principle has been adopted in Capt. B.V. DSouza v. Antonio Fausto F