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TAPABRATA CHAKRABORTY, PARTHA SARATHI CHATTERJEE
Dhananjay Paul – Appellant
Versus
Mohan Kedia – Respondent
JUDGMENT :
PARTHA SARATHI CHATTERJEE, J.
1. Whether the respondent is a tenant or licensee is the main question centered around in the present appeal in which the judgment and decree dated 21.5.2016 passed by the learned Judge, Bench-X, City Civil Court, Calcutta in T.S. No. 1793 of 2012, whereby the suit for recovery of possession instituted by the plaintiff/appellant (in short, the appellant) against the defendant/respondent (in short, the respondent) has been dismissed on contest, has been impugned.
2. The appellant filed the suit contending, inter alia, that by virtue of the final decree passed in a suit for partition vide. T.S. No. 3370 of 1996, appellant was allotted the Lot-C in the premises no. 7, Kripanath Lane, Kolkata-5 and in Lot-C, there is a garage and/or car parking space measuring about 257 sq. ft. in the suit property herein and the respondent is occupying the garage as a licensee.
3. Appellant claimed therein that license to occupy the garage was granted to the defendant by the appellant’s father, who has passed away in 1985 and consequently, the license stood revoked and by giving a lawyer’s notice dated 10.10.2012, the appellant asked the respondent to hand over pos
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 main legal point established in the judgment is the application of Section 116 of the Indian Evidence Act, which prevents a licensee from denying the title of the licensor during the continuance ....
The burden of proof lies with the party claiming tenant rights, requiring proper evidence to establish the nature of possession.
The main legal point established in the judgment is that concurrent findings of facts and law recorded by the lower courts cannot be interfered with unless they are found to be perverse to the extent....
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.
A licensee whose license has expired cannot claim protected tenant status under Section 15A of the Bombay Rent Act, and tenants are estopped from questioning the landlord's title during eviction proc....
Determining the nature of a property agreement hinges on its substance over form, with legal protections applicable only if established tenant status exists.
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.
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