Reviewed case brief
Associated Hotels of India Ltd v RN Kapoor
AIR 1959 SC 1262
The determinative test for distinguishing a lease from a licence is exclusive possession. If the grantee has exclusive possession (right to exclude even the grantor), it is a lease regardless of the document's label.
- Court
- Supreme Court of India
- Year
- 1959
- Subjects
- Property Law
- Reviewed
- 2026-06-30
Rule established
Test for lease vs licence is exclusive possession; document label is irrelevant
Facts
Issues
Held
Ratio decidendi
How to use it in an exam
Editorial source
AIR 1959 SC 1262
Educational summary only. Read the reported judgment or an authorised law report before relying on the case professionally.