CAPT. B.V.D SOUZA vs ANTONIO FAUSTO FERNANDES

The Supreme Court held that the concurrent findings of the lower courts regarding the nature of possession were not binding under Section 100 of the Civil Procedure Code, as they were not purely factual determinations. The Court emphasized that the intention of the parties, rather than the form of the document, is crucial in distinguishing between a lease and a licence, citing that if an interest in property is created, it constitutes a lease, while mere permission to use the property indicates a licence. The appeal was allowed, and the eviction decree was set aside, reinforcing the protective intent of rent control statutes under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, particularly Section 56, which bars eviction without proper grounds.