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1 - 9 of 9 (0.38 seconds)The Code of Civil Procedure, 1908
Section 63 in The Indian Easements Act, 1882 [Entire Act]
Chandu Lal vs Municipal Corporation Of Delhi on 9 November, 1977
In Chandu Lal v. Municipal Corporation of Delhi, AIR 1978 Delhi
174 a Full bench of this court noted that the intention of the parties is the real
test for ascertaining the character of a document. If the document gives only
a right to use the property in a particular way but its possession and control
remains with the owner thereof, it will be a license. In such a case the legal
possession remains with the owner of the property, the licensee being
permitted to make use of the property for a particular purpose. It would
therefore be seen that but for the permission the licensee's possession would
be unlawful. Exclusive possession does not militate against the concept of a
license, if the circumstances negative any intention to create a tenancy. The
Court further noted that license was for a period of 11 months in the first
instance, and thereafter for such term of renewal as may be mutually agreed
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from time to time, the benefit of license was neither transferable nor
heritable, the license was liable to be cancelled without assigning reasons
and the corporation was entitled to resume exclusive possession after
revocation of the license. Thus various clauses of the deed indicated that the
intention of the parties was apparent that what was going to be auctioned
was licensee rights and not tenancy rights. A lease is not a mere contract but
envisages and transfers an interest in the demised property creating a right in
favour of the lessee „in rem‟. A license only makes an action lawful which
without it would be unlawful, but does not transfer any interest in favor of
the licensee in respect of the property. The Full Bench further noted the
three principles of grant of temporary injunction i.e. (1) on making out a
prima facie case, (2) on showing balance of convenience in petitioners‟
favour, in that the refusal of the injunction would cause greater
inconvenience to them and (3) whether on refusal of the injunction they
would suffer irreparable loss. It was thus held that before temporary
injunction is granted, the petitioners are bound to show that they have a legal
right and there was an invasion of that right.
Lallu Yeshwant Singh vs Rao Jagdish Singh & Ors on 29 November, 1967
Referring to the decisions in M/s Anamallai Club (supra) and Lallu
Yashwant Singh Vs. Rao Jagdish Singh & Ors. [(1968) 2 SCR 203] this
Court noted that these decisions do not specifically deal with the situation
where the unlawful occupant has not yet been "dispossessed" but, he in
apprehension of such "dispossession", knowing his occupation to be
unlawful, rushes to court for an injunction restraining the rightful owner
from taking any steps towards physically ejecting him. Now, the grant of
injunction is based on equitable principles. Injunction itself being an
equitable remedy, one of the principles which is well settled is that a person
who seeks equity must come to court with clean hands and must himself do
equity. This Court further considered the expressions " due process of law",
"due course of law" and "recourse to law" which have been interchangeably
used in the various decisions and came to the conclusion that the moment the
rights of parties are adjudicated upon by the Court of competent jurisdiction
the bare minimum requirement of "due process" or "due course of law"
M/S. Anamallai Club vs The Government Of Tamil Nadu & Ors on 23 October, 1996
Referring to the decisions in M/s Anamallai Club (supra) and Lallu
Yashwant Singh Vs. Rao Jagdish Singh & Ors. [(1968) 2 SCR 203] this
Court noted that these decisions do not specifically deal with the situation
where the unlawful occupant has not yet been "dispossessed" but, he in
apprehension of such "dispossession", knowing his occupation to be
unlawful, rushes to court for an injunction restraining the rightful owner
from taking any steps towards physically ejecting him. Now, the grant of
injunction is based on equitable principles. Injunction itself being an
equitable remedy, one of the principles which is well settled is that a person
who seeks equity must come to court with clean hands and must himself do
equity. This Court further considered the expressions " due process of law",
"due course of law" and "recourse to law" which have been interchangeably
used in the various decisions and came to the conclusion that the moment the
rights of parties are adjudicated upon by the Court of competent jurisdiction
the bare minimum requirement of "due process" or "due course of law"
Section 6 in The Specific Relief Act, 1963 [Entire Act]
Rattan Lal Aggarwal vs Municipal Corporation Of Delhi & Ors. on 4 July, 2011
Distinguishing the case of
Rattan Lal (supra), this Court noted that Rattan Lal was in settled possession
of the premises since November, 1976 and had raised construction, though
with permission of the respondent. Therefore, it appeared that the license
was of the nature of an irrevocable license taking into consideration the
provisions of Section 60(b) of the Indian Easement Act, 1882. When that
was the position, clearly, the license could not have been revoked and the
licensee was, in any event, entitled to an injunction against dispossession.
Thomas Cook (India) Limited vs Hotel Imperial And Ors. on 9 January, 2006
In the facts of the case in Thomas Cook (supra) it was held that the
plaintiff therein only had a right to use the two rooms, the plaintiff was
obligated to leave the keys of the room at the reception at the close of each
day, the plaintiff was charged a daily tariff; the control and possession of the
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rooms was explicitly retained by the defendants; the rights of admission
were reserved with the defendants and thus it could not be said by any
stretch of imagination that the defendants therein had parted with possession
or that the plaintiff was in possession of the said two rooms, even during the
period prior to the revocation of the license.
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