renew the leave and licence agreement. The plaintiff has not been encashing the cheques sent by the defendant towards licence fees. It is stated that ... lease or a licence. It has been pointed out that though exclusive possession is a relevant fact, it is not conclusive. It is pointed
outstanding
on lease and hence first respondent is not
entitled to contend that it is not a lease but a
licence. It was also contended ... mere
licence, for, even the
grant of exclusive
possession might turn out
to be only a licence and
not a lease where the
grantor himself
licence. In determining whether the agreement creates a lease or a licence the test of exclusive possession though not decisive, is of significance. See Sohanlal ... itself is not conclusive to come to the conclusion that the transaction is that of lease and not of licence. The facts of this case
licence and not a lease is clear from
the tenor of the agreement. True, by mere use of the word
lease or licence the correct ... leave and licence, it was held that the tenant co-
partner member only created a licence and not a lease and
that the Maharashtra Cooperative
lease or a licence, is their intention with regard to the elements which in law constitute a lease or a licence and not their intention ... licence. In determining whether the agreement creates a lease or a licence the test of exclusive possession, though not decisive, is of significance
granted, a licence was the legal result.
" We are of the opinion that this was a licence and not a lease as we discover ... mere licence, for, even the grant of exclusive possession might turn out to be only a licence and not a lease where the grantor himself
licence, namely, (1) Clause 12 clearly envisages that the parties had clearly understood that the said agreement would be a licence and not a lease ... agreement constitutes lease or licence will depend on the intention of the parties. The distinction between a lease and a licence is a veritable right
licence in the following circumstances which negative the intention to create a lease.
INSTANCES OF AGREEMENTS CREATING LICENCES. A licence is normally created where ... lease and not a licence.
36. The respondent always demanded only rent and not the licence fee of the premises from the appellant that also
nomenclatured
as an agreement to lease, for all practical purposes, the same was a lease and
not a licence. He submits that the exclusive possession ... not raise any
issue contending that the said property being a licence in favour of the
company in liquidation and not a lease as sought
freehold, whether by a lease or under-lease, by an agreement for a lease or under-lease or by a tenancy agreement or in pursuance ... agreement constitutes lease or licence will depend on the Intention of the parties. The distinction between a lease and a licence is a veritable right
