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RAJASEKHAR MANTHA, SUPRATIM BHATTACHARYA
Goukaran Nath Mishra – Appellant
Versus
Giridharilal Jalan – Respondent
JUDGMENT :
Supratim Bhattacharya, J.
1. The instant appeal has been preferred by the appellant /defendant, being aggrieved by and dissatisfied with the Judgment and decree passed by the Ld. Judge, 2nd Bench, City Civil Court Calcutta, on 17.02.2007 in Title Suit No. 1086 of 1999.
2. Through the aforementioned Judgment the Ld. Trial Judge has been pleased to pass decree in part on contest.
3. Through the lis the respondents/ plaintiffs have prayed for eviction of the appellant/defendant from one double room in the ground floor along with common bath and privy at premises No. 3, Beadon Street, P.S.- Burtolla, Kolkata.
4. The Ld. Trial Judge passed the decree for recovery of khas possession of the suit property by evicting the defendant and has also been pleased to pass decree for Rs. 2400/- as arrear licence fees and mesne profits at the rate of Rs. 2000/- per month till the date of recovery of khas possession of the suit property.
5. The Ld. Counsel appearing on behalf of the appellant/ defendant during his argument has submitted the following:
The determination of the relationship as licensee or tenant hinges on the parties' intention as reflected in the agreement, not merely on exclusive possession.
The intention of the parties, as expressed in contractual language, determines the distinction between a landlord-tenant relationship and that of a licensor-licensee.
The substance of the agreement, the intention of the parties, and the nature of the rights granted are crucial in determining whether an agreement creates a lease or a license.
The employer was at liberty to allot any other flat to the employee on his transfer to another station and assign the premises fallen vacant by virtue of transfer to any other employee.
The distinction between a license and a lease is determined by the intention of the parties, as reflected in the deed, rather than merely the possession of the property.
Determination of lease vs licence hinges on the parties' intent and statutory interpretations concerning commercial properties, affirming precedent.
‘Lease’ is a transfer of a right coupled with exclusive possession with transfer of interest to enjoy an immovable property for certain period expressly, impliedly or in perpetuity.
The distinction between lease and license must adhere to explicit terms of agreements, with possession alone insufficient to confer tenancy rights.
The central legal point established in the judgment is that the intention of the parties, the meaning and words used in the document, and the conduct of the parties are crucial in determining the nat....
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