Sunday 28 April 2019

Whether legal representatives of deceased licensee will inherit right in licensed premises?

 A mere license does not create any estate or interest in the property to which it relates. It only confers legality for an act which would otherwise become unlawful. A license may be purely personal, gratuitous or contractual. The first two classes of mere licenses are revocable, the third class is revocable or not revocable according to the express or implied terms of the contract between the parties. A license coupled with grant of an interest in nature of property is not revocable. Such a license is a right to enter on land and enjoy a profit a prendre or other fv incorporeal hereditament.

19. The learned Advocate for the appellant invited my attention to Section 56 of the Indian Easements Act, 1882 to contend that the license cannot be transferred by the licensee in view of Section 56 of the Easement Act. Original defendant Andrew died during the pendency of these proceedings on 4-5-1996 and is represented by LRs respondents No. 1 to 7 on record.

Admittedly, the first Appellate Court also recorded that the construction was carried out with muds and bricks. If that is so, it cannot be said that those three rooms were constructed of permanent character, as such the construction is purely temporary.

20. Therefore, the finding as to irrevocable license in para 14 of the impugned judgment appears perverse and is not at all sustainable. Considering the legal position that mere license does not create any estate or interest in the property; but only confers legality on acts which would otherwise be unlawful. A license may be purely personal, gratuitous or contractual. In the instant case, it appears that it was gratuitous at the instance of mother as one brother, who is owner of the suit plot, allowed his another brother to occupy a portion of the suit plot such license or permission being of gratuitous nature such license is revocable and not transferable in favour of the legal representatives, as it is purely personal right to enter on the land and enjoy the occupation, till the license is revoked.

S.A. No. 372 of 1993

Decided On: 01.07.2008

 Francis  Vs.  Andrew and Ors.

Hon'ble Judges/Coram:
A.P. Bhangale, J.

Citation: 2008(6) MHLJ 450.
Read full judgment here: Click here
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