https://www.taxtmi.com/caselaws?id=179715 An agreement will be treated as a lease, not a licence, where its terms and surrounding circumstances show a transfer of the right to enjoy property and creation of an interest, rather than mere permission to use it. A licence under the Easements Act gives only a personal right without any estate or interest, while a lease under the Transfer of Property Act creates an interest in the property. Labels used by the parties are not decisive; the true nature of the arrangement depends on the document and circumstances. Exclusive possession is an important indicator, and here the fixed term, payment structure, absence of reserved rights of entry or possession, and exclusive possession supported a lease over the loft. en-us Fri, 08 Jan 1971 00:00:00 +0530 Mon, 26 Dec 2016 13:07:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=179715 An agreement will be treated as a lease, not a licence, where its terms and surrounding circumstances show a transfer of the right to enjoy property and creation of an interest, rather than mere permission to use it. A licence under the Easements Act gives only a personal right without any estate or interest, while a lease under the Transfer of Property Act creates an interest in the property. Labels used by the parties are not decisive; the true nature of the arrangement depends on the document and circumstances. Exclusive possession is an important indicator, and here the fixed term, payment structure, absence of reserved rights of entry or possession, and exclusive possession supported a lease over the loft. Case-Laws Indian Laws Fri, 08 Jan 1971 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=179715