PREM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS writ petition along with other writ petitions mentioned in the Schedule A appended to this order, is disposed of by this common order as the question of law involve in these writ petitions is common.

(2.) FOR the convenient disposal of all these writ petitions, the facts given in the case of Prem Kumar vs. State of Rajasthan (S. B. Civil Writ Petition No. 1551/1989) are taken into consideration.

(3.) THE first and foremost question before me is that whether the petitioners are licensees or lessees. THE distinction between the licensee and lessee is very thin. But it depends on the construction of the document and intention of the parties. Even the use of the word 'rent' in the document may not be conclusive of the nature of the deed. Even the expression 'rent' used in the document may in proper construction can be treated as a licence but it will depend on the document and intention of the parties.