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SUPREME COURT OF INDIA

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PETITIONER:

RAM SARUP GUPTA (DEAD) BY LRS.

Vs.

RESPONDENT:

BISHUN NARAIN INTER COLLEGE & ORS.

DATE OF JUDGMENT08/04/1987

BENCH:

SINGH, K.N. (J)

BENCH:

SINGH, K.N. (J)

MUKHARJI, SABYASACHI (J)

CITATION:

1987 AIR 1242 1987 SCR (2) 805

1987 SCC (2) 555 JT 1987 (2) 76

1987 SCALE (1)700

CITATOR INFO :

R 1988 SC1845 (22)

ACT:

Indian Easement Act, 1882:

Section 52, 60, 62, 63 and 64 License grant of--Express

or implied--Also oral--To be inferred/ascertained from

conduct of parties and circumstances leading to grant of

license--When license becomes irrevocable--Person allowing

another to build on his land without reserving any right to

revoke--Whether entitled to revoke.

Practice and procedure:

Pleading--Form of--Undue emphasis not to be

placed--Substance of pleading alone to be considered.

HEADNOTE:

The property in dispute was under the occupation of a

school managed by a Registered Education Society. The Socie-

ty was managing the respondent college also. The school was

not recognised and had no endowment and building of its own.

In order to