Distinction Between Lease and License and High Court's Power to Grant Mesne Profits Under Article 227

sketch of the Bombay High Court
Case
NAVINA DINESH SHETTY v. SHAIKH AYUB REHMAN (Bombay High Court, 10-09-2026)
Law
Transfer of Property Act, Indian Easements Act, Code of Civil Procedure, Constitution of India, Maharashtra Rent Control Act.

Highlights of the Judgment:

  • Detailed examination of the legal distinction between a lease under Section 105 of the Transfer of Property Act and a license under Section 52 of the Indian Easements Act.
  • Analysis of whether nomenclature such as rent or typographical anomalies override the explicit intent to create a leave and license agreement.
  • Exploration of the High Court's supervisory jurisdiction under Article 227 of the Constitution in applying provisions of the Code of Civil Procedure.
  • Interpretation of Order XLI Rule 33 and Order XX Rule 12 concerning the award of mesne profits in the absence of formal cross-objections.