Exclusive possession of suit premises was not parted with by owner

AIR 2013 BOMBAY 45

(GOA BENCH) 

Joao Necessidade Rooque Antonio by LRS and Ors. v. Dr. Vaman Govind Lotlikar and Ors.

Second Appeal No. 29 of 2005, 

D/21- 12-2012.

Transfer of Property Act (4 of 1882), S. 105- Lease or licence- Determination Intention of parties and whether docu- ment creates any interest in property are important considerations - Intention of parties is to be gathered from document itself Clauses in agreement were not creating relationship of lessor and lessee - Exclusive possession of suit premises was not parted with by owner - Oral and documentary evidence clearly showing that intention of parties was to create licence and not lease in favour of defendant - Agreement would be creating licence - Consequently defendant would not be en- titled to protection of Goa Daman and Diu Buildings (Lease, Rent and Eviction) Con- trol Act (1968).

AIR 1999 SC 2607, Rel. on. (Paras 19, 31, 32, 35, 36)