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Issues: Whether the agreement granted merely a licence or created a lease and an interest in the loft in favour of the occupant.
Analysis: A licence, within the meaning of Section 52 of the Indian Easements Act, 1882, confers only a right to do something on the grantor's property without creating any estate or interest, whereas a lease under Section 105 of the Transfer of Property Act, 1882 transfers a right to enjoy the property and creates an interest in it. The true character of the transaction must be gathered from the terms of the agreement read with the surrounding circumstances, and the labels used by the parties are not decisive. Exclusive possession is a significant circumstance, though not conclusive, in determining whether the parties intended to create an interest in the property or only permission to use it. Here, the agreement, the fixed term, the payment structure, the absence of any reserved right of possession or entry in the loft, and the grant of exclusive possession supported the conclusion that the arrangement was intended to operate as a lease.
Conclusion: The agreement created a lease and not a mere licence, and the occupant was entitled to be treated as a tenant in respect of the loft.
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