CHAPTER VI LICENSES

Section 52: “License” defined

Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

Leading cases

Associated Hotels of India Ltd. v. R.N. Kapoor (1959)By majority, two cloak rooms in the Imperial Hotel let to a hair-dresser were 'rooms in a hotel' excluded from the Delhi and Ajmer-Merwara Rent Control Act, 1947, so no standard rent could be fixed; the appeal was allowed.

Questions on this section

2 questions in 6 of our papers cite Section 52. Try these from the free papers:

1. Under Section 52 of the Indian Easements Act, 1882, a right granted to do something in or upon the grantor's immovable property, which would otherwise be unlawful, is a licence provided that it:

Practise questions on Registration and Easements Acts