https://www.taxtmi.com/caselaws?id=190984 The distinction between a lease and a licence turns on the parties' intention as gathered from the entire compromise and surrounding circumstances. Exclusive possession is relevant but not conclusive; the real character of the arrangement depends on substance, not labels. A compromise decree allowing continued occupation until a fixed date, with default leading to execution of the decree, may indicate permissive occupation rather than a landlord-tenant relationship. The use of the word "rent" and a temporary right to remain in the premises do not by themselves create a tenancy where the terms negate such an intention. On that analysis, the occupant would not fall within the statutory definition of "tenant" under the Orissa House-Rent Control Act, 1958. en-us Thu, 07 Dec 1967 00:00:00 +0530 Wed, 15 Mar 2017 17:51:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190984 The distinction between a lease and a licence turns on the parties' intention as gathered from the entire compromise and surrounding circumstances. Exclusive possession is relevant but not conclusive; the real character of the arrangement depends on substance, not labels. A compromise decree allowing continued occupation until a fixed date, with default leading to execution of the decree, may indicate permissive occupation rather than a landlord-tenant relationship. The use of the word "rent" and a temporary right to remain in the premises do not by themselves create a tenancy where the terms negate such an intention. On that analysis, the occupant would not fall within the statutory definition of "tenant" under the Orissa House-Rent Control Act, 1958. Case-Laws Indian Laws Thu, 07 Dec 1967 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190984