Law: Civil Procedure Code (V of 1908)

Section: 80

  (a) Lease-   Licence-Test-Catering contract with permission to use accommodation in Customs House entered into by Customs Officials and the Contractor-Charge levied for use of accommodation described as "rent"-Contract held to be licence not lease.   The test of exclusive possession is very important in deter mining whether a person is a lessee of property or a mere licencee, though in certain cases, the relationship may still be that of lessor and lessee in spite of some reservations in favour of the lessor.   Where Customs authorities gave a catering contract and allowed the contractor use of three rooms and a kitchen in the Customs House so that he could cater for the staff of the Depart ment, the premises being required by the terms of the contract to be closed after office hours and on holidays, and the general control of the business being in the hands of the Customs officials:   Held, that the relationship was only that of licensor and licencee and not that of lessor and lessee, though the charge levied for the use of premises was described in the contract as "rent". The terms of the contract were, not consistent with exclusive possession of the premises given on a lease.   Daly v. Edwards (1900) 83 L T 548 (C A) ; Warr & Co. Ltd. v. London County Council (1904) 1 K B 713 (CA); Clore v. Theatrical Properties Ltd. (1935) 3 All E R 483 ; Bird v. Great Eastern Ry. (1865) 19 C B (N S) 268 and Woodfall on Landlord and Tenant, 25th Ed. page 10 ref.   (b) Civil Procedure Code (V of 1908)   S. 80-Customs officials who were functionaries of Club of Staff of Department giving catering contract and providing premises to contractor in Customs House, a Government building-Suit by contractor to remove locks and seals put on premises by Customs officials-Notice necessary.   Customs officials who were also functionaries of the club of the customs staff allowed their contractor the use of 3 rooms and a kitchen in Customs House, a Government building, with the permission of the Executive Engineer. On a dispute arising, the officials put locks and seals on the premises. The contractor brought a suit for…