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1 - 4 of 4 (0.42 seconds)Qudrat Ullah vs Municipal Board, Barelly on 29 November, 1973
In Qudrat Vilah Vs. Municipal Board,
CS No.57358/16
Joginder Singh Kareer Vs. Manish Kumar Page No. 8 of 12
Bariely, AIR 1974 SC 396, it was held that, "there is no simple litmus
test to distinguish a lease as defined in Section 105 of TPA from a
license as defines in Section 52 Easement Act, but the character of the
transaction turn on the operative intent of the parties. To put it pithly, if
an interest in an immovable property, entitling the transferor to
enjoyment is created, it is a lease; if permission to use land withing right
to exclusive possession is alone granted, a license is the legal result".
Section 52 in The Indian Easements Act, 1882 [Entire Act]
The Delhi Rent Control Act, 1958
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