Lease and Licence

Bombay High Court: A 'Caretaker Agreement' Calling Itself a Tenancy Is Still a Licence

Ending a three-decade dispute over a Vashi APMC market shop, the Bombay High Court has reaffirmed that the decisive test for a lease is transfer of the right to enjoy property with exclusive possession — not the presence of the word 'rent' or even a literal but internally inconsistent recital of tenancy.