Supreme Court · 2004 INSC 194 · Decided 22 March 2004

C.M. Beena and ANR. v. P.N. Ramachandra Rao

Court
Supreme Court of India
Citation
2004 INSC 194 · [2004] 3 S.C.R. 306
Case number
CIVIL APPEAL No. 1548/1999
Decided
22 March 2004
Bench
R.C. LAHOTI, AR. LAKSHMANAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution

Headnote

Rent Control and Eviction: lease and licence-Distinction between-Tests to determine-Held: Real C intention of the parties as decipherable from a complete reading of the document, if any, executed between the parties and the surrounding circumstances as also their conduct before and after creation retained control or possession over the property, then it was a licence-User of the D terms like "/ease" or "licence" not by itself decisive-Indian Easements Act, 1882, s. 52. Constitution of India, 1950: Article l 42--Relief-Grant of-Rent paid in respect of a property lease

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