Supreme Court · 1999 INSC 172 · Decided 9 April 1999
Delta International LTD. v. Shyam Sunder Ganeriwalla and ANR.
- Court
- Supreme Court of India
- Citation
- 1999 INSC 172 · [1999] 2 S.C.R. 541
- Case number
- CIVIL APPEAL No. 2198/1999
- Decided
- 9 April 1999
- Bench
- G.B. PATTANAIK, M.B. SHAH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 105, 107
Headnote
B Transfer of Property Act, 1882-Sections 105 and 107- Lease or ,,, .:Jnce---Test to determine-Intention of the parties under the agreement­ A.1·i.:ertainment of such intention-Where camouflage is alleged or is apparent the intention has to be gathered from the terms of such removed or veil lifted from the self-serving instrument and true intention to be gathered from the relevant circumstances-In cases of cpntracts expressly for licence with exclusive possession of the property, then there remains a very narrow distinction between licence and lease-In such cases, D
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