Transfer of Property Act, and a "license" is defined by Section 52 of the Easements Act. In both cases certain rights are conferred ... proper definition to take in this case. The word "license" is defined in the Easements Act and we are entitled to use that
provisions of Section 60 of the Indian Easements Act,
1882.
26. It is the case of the present appellant that the
appellant was operating equestrian ... Section 52 of
the Indian Easements Act as licensor and licensee.
Therefore, the facts and circumstances of the case
referred to by the learned Counsel
license under Section
52 of the Easements Act, no such interest in
immovable property is created. The case on hand
is one of such ... Public Premises
Unauthorized Occupants Eviction Act, the appellant has taken
the stand pleading non-applicability of the Indian Easement
Act and has themselves termed
Section 60 , Easements Act makes licences revocable by the grantor except in two cases, and the case of a licence to which is added ... would or could be revoked under the provisions of Section 60 , Easements Act. A decree has been passed by a Court, of competent jurisdiction which
exclusion of the Lesser. Whereas Section 52 of the Indian Easement Act defines a license.
Under the aforesaid section, if a document gives only ... license under Section 52 of the Easements Act, no such interest in immovable property is created. The case on hand is one of such
Section 105 of the Transfer of Property Act and Section 52 of the Indian Easements Act had noted the distinction between a lease ... defined in S. 105 , Transfer of Property Act from a licence as defined in Section 52 , Easements Act, but the character of the transaction turns
Such rights to not exist in the case of licence. He refers to the provisions of Easement Act for the purpose.
Sri Goswami contends that ... Transfer of Property Act and 'license' under Section 52 of the Easements Act, 1882. The judgment in the case of Gopal Saran
lease was to be granted in favour of the ESSO in case the plaintiff or its predecessor succeeded in obtaining a lease itself from ... referred to Section 52 and Section 60 of the Easements Act and observed :
"In case the petrol selling machinery and other machinery had actually
Transfer of Property
8
Act, therefore, Section 60 of the Easements Act, is not applicable in
the present case. The trial court recorded finding that ... case of
license as defined in Section 52 of the Easements Act, but the said
finding is contrary to the law because
Act,
1882 , particularly, section 105 which defines lease. He also
relied upon the definition of license under section 52 of the
Indian Easements Act ... Easement Act as by reason of a license, no estate or
interest in the property is created. In the case of Qudrat
Ullah v. Municipal