VIRJI LAVJI MAKWANA Vs. RAINBOW SCREEN SHADES

JUDGEMENT

(1.) . A Cauli-flower remains a Cauliflower even if you pack it in a box labelled roses and so also a lease in truth does not become a license merely by calling it license. This contention of the respondents-defendants having been accepted by the trial court which dismissed the suit the unsuccessful plaintiff has preferred the present appeal.

(2.) The appellant instituted a suit for possession of the suit premises consisting of four rooms on the first floor of a newly constructed building from respondents on the premise that the respondents were licensees in respect of these premises as per an agreement of Leave and Licence dated May 1 1970 (Exh. 16) which provided for payment of license fee at the rate of Rs. 50.00 per month per room. According to the appellant as per the agreement there was a stipulation to restore possession on the expiry of eleven months.

(3.) The defence of the respondents was that it was in reality a transaction of lease and the relationship of landlord and tenant existed between the parties.