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Issues: Whether the document executed at the time of induction created a lease or merely a leave and licence, and whether the occupant was a tenant or a licensee in the suit premises.
Analysis: The decisive test was the intention of the parties, to be gathered from the document and surrounding circumstances. The document described monthly payments as rent, fixed a regular monthly payment date, recorded advance payment and renewal for eleven months, used landlord-tenant language, and permitted use of the premises for business. These features, read with the respondent's letter and the parties' own treatment of the dispute as one between landlord and tenant, showed that the transaction was not a genuine licence. The surrounding circumstances also supported the conclusion that the document was intended to create an interest in the premises, and the High Court could not interfere under Article 227 merely because another view was possible.
Conclusion: The document created a lease and not a licence. The respondent was a tenant protected under the rent law, and the petition challenging that finding failed.
Ratio Decidendi: In determining whether a transaction is a lease or a licence, the controlling consideration is the intention of the parties as gathered from the document and surrounding circumstances, and where the finding below is a possible view, supervisory jurisdiction will not be exercised to substitute another view.
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