Supreme Court · 1987 INSC 334 · Decided 13 November 1987
Khalil Ahmed Bashir Ahmed v. Tufelhussein Samasbhai Sarangpurwala
- Court
- Supreme Court of India
- Citation
- 1987 INSC 334 · [1988] 1 S.C.R. 1057
- Case number
- CIVIL APPEAL No. 1377/1982
- Decided
- 13 November 1987
- Bench
- SABYASACHI MUKHERJI, G.L. OZA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Constitution Article 227; Transfer of Property Act Section 105, 108
Headnote
Presidency Small Cquses Courts Act, 1882: Section 41-Suit for ejectment-Question whether occupant a licensee 'tenant-Intention of the parties to the agreement decisive consitieration-Lease and license­ Distinction between. Transfer of Property Act, 1882: Sections 105 and 108--Lease and created-Effect of-Whether agreement creates relationship of landlordltenant or /icensor'licensee-Intention of parties-Decisive consideration. Practice & Procedure: High Court-Jurisdiction of-Whehter entitled to interfere with view of Trial Court which is a possible and plausible one
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