OM PARKASH Vs. RAVINDER KUMAR SHARMA

JUDGEMENT

(1.) The short question which arises for consideration in this appeal is whether the following transactions covered by Exhibits P-4, 3,2,8,7,6 and 5 dated 1/5/1969, 9/9/1974, 1/11/1975, 1/1/1976, 1/4/1977, 22/3/1978 and 16/4/197979 respectively amount to licence or lease. We may refer to Associatedhotels of India Ltd. v. R. N. Kapoor wherein the distinction between lease and licence has been set out. The following tests are applied to distinguish between the two-

(2.) The same principle has been adopted in Capt. B. V. D'souza v. Antonio fausto Fernandes. On these tests, we will try to find out whether these transactions would amount to lease or licence:

(3.) We may also add that similar clause occurs in each of the documents referred to above. Therefore, as per this clause the licensee does not have any interest in the immovable property which is a distinctive badge of a lease. That has to be given due weight and credit.