https://www.taxtmi.com/caselaws?id=175863 Whether an occupation arrangement is a lease or a licence depends on the parties' intention as gathered from the whole instrument and surrounding circumstances; exclusive possession alone is not decisive. On that test, the agreement described as leave and licence did not create any interest in the premises and remained a licence. Because the licence had been terminated before the relevant statutory date, Rent Act protection did not attach and the occupant could not claim tenant status. The resulting eviction dispute therefore fell within section 91 of the Maharashtra Cooperative Societies Act and was not barred by the Bombay Rent Act. The constitutional challenge to section 91, as applied to a nominal member, was rejected. en-us Wed, 20 Feb 1991 00:00:00 +0530 Mon, 07 Dec 2015 16:34:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175863 Whether an occupation arrangement is a lease or a licence depends on the parties' intention as gathered from the whole instrument and surrounding circumstances; exclusive possession alone is not decisive. On that test, the agreement described as leave and licence did not create any interest in the premises and remained a licence. Because the licence had been terminated before the relevant statutory date, Rent Act protection did not attach and the occupant could not claim tenant status. The resulting eviction dispute therefore fell within section 91 of the Maharashtra Cooperative Societies Act and was not barred by the Bombay Rent Act. The constitutional challenge to section 91, as applied to a nominal member, was rejected. Case-Laws Indian Laws Wed, 20 Feb 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175863