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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