AI Overview...
- Lease and Interest - Several sources distinguish between lease and license, emphasizing that a lease involves transferring an interest in the property, including exclusive possession, whereas a license grants only a right to use without creating interest. For example, sources KRODHU (DECEASED) THROUGH L. R. BIMLA VS SODHAN - Himachal Pradesh, C. D. Varghese VS Joseph Mani - Kerala, and Manohar Lal VS Yog Dhian - Jammu and Kashmir highlight that exclusive possession coupled with an interest constitutes a lease, which transfers a leasehold interest. Conversely, agreements lacking these features are considered licenses.
-
Reference: KRODHU (DECEASED) THROUGH L. R. BIMLA VS SODHAN - Himachal Pradesh, C. D. Varghese VS Joseph Mani - Kerala, Manohar Lal VS Yog Dhian - Jammu and Kashmir
-
Lease Deeds and Legal Challenges - Historical lease deeds executed in 1985 and 2004 have been challenged in court, with the potential nullification of interests created by registered sale deeds if declarations favor the plaintiff. The legal framework under Section 107 of the Limitation Act is relevant in assessing such challenges.
-
Reference: Suresh s/o Premchand Mutha vs Adil Bin Sayeed Bin Hilabi - Bombay
-
Lease in Housing Schemes - Discrepancies in allotments under housing schemes, particularly regarding lease deeds to couples, have led to legal scrutiny. Courts have found that such lease agreements must adhere to legal principles, and inconsistent practices may be contrary to law, as seen in cases involving Rajasthan Housing Board lease deeds RAJASTHAN HOUSING BOARD & ANR. vs JAYANTI BURMAN - Consumer National, RAJASTHAN HOUSING BOARD & ANR. vs JAYANTI BURMAN - Consumer National.
-
Rent Advances and Security - Advances received as rent or security under lease agreements may fall under restrictions such as those in the SARFAESI Act, particularly when such advances are used as security rather than genuine rent. Section 65A of the SARFAESI Act prohibits taking rent in advance, considering such amounts as security, which may be subject to legal scrutiny Jayalakshmi N. Pillai VS Authorized Officer - Kerala.
-
Creation of Interest and Agreement Interpretation - The distinction between lease and license is further clarified by the requirement of exclusive possession coupled with an interest for a lease to be recognized as creating a leasehold interest. Agreements lacking these features are considered licenses. Courts have consistently held that exclusive possession indicates a lease, as in Manohar Lal VS Yog Dhian - Jammu and Kashmir and C. D. Varghese VS Joseph Mani - Kerala.
-
Power of Attorney and Interest - The legal status of Power of Attorney as an agency coupled with interest has been examined, with courts ruling that unless explicitly coupled with an interest, such authority does not constitute an agency with interest, affecting the validity of related transactions ISHWARAPPA VS ARUNKUMAR - Karnataka.
-
Tribal Land and Transfer Restrictions - Devices like development agreements or powers of attorney that attempt to transfer tribal occupancy rights are subject to prohibitions against transfer to non-tribals, regardless of the form of agreement, emphasizing the importance of adherence to tribal laws Adivasee Sarvangin Vikas Samitee VS State of Maharashtra - Bombay.
-
Summary and Conclusion - Overall, the legal characterization of lease versus license hinges on features such as exclusive possession and interest transfer. Lease deeds, especially in housing and property contexts, are scrutinized for compliance with legal standards. Advances received under lease agreements may be deemed security, impacting their legal treatment under statutes like SARFAESI. Courts consistently favor clear distinctions to determine the nature of property rights involved.
References:
- Suresh s/o Premchand Mutha vs Adil Bin Sayeed Bin Hilabi - Bombay
- RAJASTHAN HOUSING BOARD & ANR. vs JAYANTI BURMAN - Consumer National
- RAJASTHAN HOUSING BOARD & ANR. vs JAYANTI BURMAN - Consumer National
- Jayalakshmi N. Pillai VS Authorized Officer - Kerala
- KRODHU (DECEASED) THROUGH L. R. BIMLA VS SODHAN - Himachal Pradesh
- ISHWARAPPA VS ARUNKUMAR - Karnataka
- Adivasee Sarvangin Vikas Samitee VS State of Maharashtra - Bombay
- C. D. Varghese VS Joseph Mani - Kerala
- Manohar Lal VS Yog Dhian - Jammu and Kashmir
Search Results for "Lease Couple with Interest"
2025 Supreme(Online)(Bom) 6655 • India - High Court of Bombay
SHAILESH P. BRAHME, J
Couple of lease deeds were also executed in 1985 and 2004. The registered sale transactions came to be challenged impliedly by filing suit on 23.09.2020. ... The interest created in those defendants are sought to be challenged without there being any relief of declaration, challenging the sale-deeds. If the declaration sought by the plaintiff is granted, that will nullify the right or interest created in the defendants by registered sale- deeds. ... Section 107 lays down that nothing contained in the Limitation Act, 196....
2025 Supreme(Online)(NCDRC) 3657 • India - National Consumer Disputes Redressal Commission
MR. BINOY KUMAR, PRESIDING MEMBER, MRS. SAROJ YADAV, MEMBER
while ensuring equitable housing distribution - Contradictory practices noted regarding prior allotments under similar scheme for couples ... The Respondent/Complainant placed on record lease deeds executed by the Rajasthan Housing Board in favour of another married couple, Mr. Rajendra Kumar Sharma and Mrs. Dipika Sharma, for two separate houses under the same scheme. ... The impugned orders of both the District Forum and the State Commission are contrary to law, fact, and settled principles and are liable to be set aside in the #HL_STA....
2025 Supreme(Online)(NCDRC) 3082 • India - National Consumer Disputes Redressal Commission
MR. BINOY KUMAR, PRESIDING MEMBER, MRS. SAROJ YADAV, MEMBER
The Respondent/Complainant placed on record lease deeds executed by the Rajasthan Housing Board in favour of another married couple, Mr. Rajendra Kumar Sharma and Mrs. Dipika Sharma, for two separate houses under the same scheme. ... The impugned orders of both the District Forum and the State Commission are contrary to law, fact, and settled principles and are liable to be set aside in the interest of justice. ... District Forum, Jaipur 3rd in Complaint Case No.1130/2012 (Old No.1368/08) and dismiss the complaint, in the inter....
2018 0 Supreme(Ker) 792 • India - Kerala
DAMA SESHADRI NAIDU
17 (4A), Section 65A - SARFAESI Act-Constitution of India-Art.226 - Section 65(a)(2)(b) prohibits any rent taken in advance-The lease ... default in rent- In that sense, it is an amount taken in advance to prevent any default and to adjust the amount on default-The lease ... squarely falls within the mischief of Section 65(A) and thus falls foul of Sub Section 2 Clause (b), (c) and (e) because even the lease ... But it should be treated as security, and it is “for the lease purpose.” Yet, that advance or security—whateve....
1997 0 Supreme(HP) 248 • India - Himachal Pradesh
KAMLESH SHARMA
BETWEEN LEASE AND LICENCE - INTERPRETATION OF AGREEMENT - CREATION OF INTEREST IN PROPERTY - EXCLUSIVE POSSESSION COUPLED WITH INTEREST ... an interest. ... It held that a lease transfers an interest in the property, while a license only grants a right to use the property without transferring ... If however, exclusive possession to which a person is entitled is coupled with an interest in the property, the agreement would not merely....
2003 0 Supreme(Kar) 816 • India - Karnataka
K.SREEDHAR RAO
Issues: The main issue was whether the Power of Attorney could be considered as an agency coupled with interest. ... Finding of the Court: The court found that the Power of Attorney was not an agency coupled with interest, and the defendant ... with interest, leading to the dismissal of the appeal. ... coupled with interest. ... and an interest subsequently arising (1848) 5 CB 895 IIIus. ... The principle applies only to cases, where authority is ....
2013 0 Supreme(Bom) 1279 • India - Bombay
D.Y.CHANDRACHUD, S.C.GUPTE
Irrespective of the nature of the device, whether it is in the form of a development agreement coupled with the power of attorney ... imposes a prohibition on transfer of occupancy of a tribal in favour of a non-trible by way of sale- gift, exchange, mortgage, lease ... a prohibition on the transfer of the occupancy of a tribal in favour of a non-tribal by way of sale, sift, exchange, mortgage, lease ... Irrespective of the nature of the device, whether it is in the form of a development agreement coupled with the power ....
2023 0 Supreme(Ker) 743 • India - Kerala
A. BADHARUDEEN
in rooms, so as to hold arrangement as ‘lease’ as envisaged under Section 105 of Transfer of Property Act and no heritable interest ... and confirmed by appellate court - It has to be held that in this matter, there is no transfer of absolute possession creating an interest ... Finding of the Court : Arrangement between parties is not a ‘lease’, as contended by ... In view of the above discussions, the cardinal features, which would distinguish ‘lease’ from ‘licence’ are as under: ‘Lease#HL_E....
1989 0 Supreme(J&K) 11 • India - Jammu and Kashmir
R.P.SETHI
LEASE - LICENCE - DISTINCTION - EXCLUSIVE POSSESSION - RENT CONTROL LEGISLATION - INTERPRETATION. ... Ratio Decidendi: The court held that the transaction between the parties was a lease and not a license. ... The court found that the defendant was given exclusive possession of the shop, which is a characteristic of a lease. ... A lease is therefore a transfer of an interest in land. The interest transferred is called the leasehold interest. The lessor parts with his....
2016 0 Supreme(Ker) 77 • India - Kerala
ASHOK BHUSHAN, A.M.SHAFFIQUE
initiated proceedings under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest ... Final Decision: The Supreme Court dismissed all the appeals reserving the right of appellants to seek refund of interest free ... protection from dispossession under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest ... amount of several lakhs refundable interest security. ... The lease deed further reserv....
Filter by Legal Phrase
