Sh. Sangam Singh And Ors., Abdul Hamid ... vs Municipal Corporation Of Delhi And Anr. on 7 September, 2001
In this regard, it is held
in the matter of Chandu Lal, Bal Krishan, Madan Mohan, Mohan
Lal vs. MCD, 1978 RLR 278, there is a catena of authorities in
support of the proposition that in the case of a license there is
something less than a right to enjoy the property in the licensee; it is
terminable while on the other hand, in the case of a lease, there is a
transfer of a right to enjoy the property or in other words the lessee is
entitled to enjoy the property. A bare licensee having no interest in
the property cannot maintain an action for its possession. A mere
licensee has only a right to use the property. Such a right does not
amount to an easement or an interest in the property but is only a
personal privilege to the licensee. After the termination of the license,
the licensor is entitled to deal with the property as he likes. This right
he gets as an owner in possession of his property. He need not secure
MCD Appeal No. 3/11 Jagdish Pd. Aggarwal v. The State & Ors. Page 7 of 10
a decree of the Court to obtain this right. He is entitled to resist in
defence of his property the attempts of a trespasser to come upon his
property by exerting the necessary and reasonable force to expel a
trespasser."