KHALIL AHMED BASHIR AHMED vs TUFELHUSSEIN SAMASBHAI SARANGPURWALA

The Supreme Court held that the distinction between a lease and a license hinges on the intention of the parties involved, as outlined in Sections 41 of the Presidency Small Causes Courts Act, 1882, and Sections 105 and 108 of the Transfer of Property Act, 1882. The Court affirmed that the agreement in question constituted a license rather than a lease, as it granted permission to use the premises without exclusive possession. Consequently, the appellant was deemed a licensee, and the High Court's order for eviction was upheld.