Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Transfer of Property Act Sections 105 and 107 1882 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | West Bengal Premises Tenancy Act, 1956 (12 of 1956) Transfer of Property Act, 1882 (4 of 1882) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Transfer of Property Act, 1882 - Sections 105 and 107 - Lease or Licence - Test to determine - Intention of the parties under the agreement - Ascertainment of such intention - Where camouflage is alleged or is apparent the intention has to be gathered from the terms of such agreement - In case of camouflage or attempt to avoid the rigours of any legislation, the mask is to be removed or veil lifted from the self-serving instrument and true intention to be gathered from the relevant circumstances - In cases of contracts expressly for licence with exclusive possession of the property, then there remains a very narrow distinction between licence and lease - In such cases, terms of the agreement be read literally without any inference whether the parties intended to cause a landlord-tenant relationship - In cases where tenant himself having no right, title or interest to create sub-tenancy hands over possession of property to third person, such third person. cannot claim to be a sub-tenant - A person having no right cannot confer any title of tenancy or sub-tenancy - Having regard to the terms and of the agreement as a whole, the agreement held to be one of leave and licence and not of lease - W.B. Premises Tenancy Act, 1956, Section 14(1). Deeds and Documents - Construction of agreement - Intention of parties to the agreement - In case the terms of the agreement having two meanings, the lawful meaning should be preferred - In case of parties capable of understanding their rights fully and having agreed that the document to be construed in a particular way - No inference should be drawn so as to construe it in a different way. Words and Phrases - Words "demise" and "demised premises" - Meaning of - In the context of lease and licence - Easements Act, 1882. |
Judge | Hon'ble Mr. Justice M.B. Shah |
Neutral Citation | 1999 INSC 172 |
Petitioner | Delta International Ltd. |
Respondent | Shyam Sunder Ganeriwalla And Anr. |
SCR | [1999] 2 S.C.R. 541 |
Judgement Date | 1999-04-09 |
Case Number | 2198 |
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