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february 1964

Supreme Court of India · 1964-02-03

MRS. M. N. CLUBWALA AND ANR. vs FIDA HUSSAIN SAHEB AND ORS.

Citation / case number
SC 1963/89
Court
Supreme Court of India
Petitioner
MRS. M. N. CLUBWALA AND ANR.
Respondent
FIDA HUSSAIN SAHEB AND ORS.
Bench
MUDHOLKAR, J.R.

Judgment text excerpt

The Supreme Court held that the relationship between stall-holders and the appellants was that of lessees and lessors, not mere licensees, based on the intention of the parties as inferred from the agreement's provisions. The Court clarified that while a license is revocable at will, a notice requirement for vacating does not negate the existence of a lease. Exclusive possession alone does not establish tenancy unless coupled with an interest in the property, thus affirming the High Court's reversal of the lower courts' decisions.

MRS. M. N. CLUBWALA AND ANR. vs FIDA HUSSAIN SAHEB AND ORS. · Niyam