Law:

Section:

(a) Civil Procedure Code (V of 1908)---------O. VII, R.11---Rejection of plaint---Considerations---While considering an application under O.VII, R.11, C.P.C. the Court is required to examine the contents of the plaint and the admitted documents. (b) Easements Act (V of 1882)--- ----S. 52---"Licensee" cannot transfer more rights than what he himself had in the property---Heading of the document, in the present case, was "Licence for Advertisement", which clearly showed that the person was merely a licensee and said document could not be called a lease deed and licensee could not be termed as lessee. (c) Easements Act (V of 1882)--- ----S. 52---Licence---Essential feature of licence enumerated. The essential features of licence are three folds, which are as under:------ (1) A licence is not connected with the ownership of any land but creates only a personal right or obligation hence it cannot be assigned. (2) It is purely permissive right arising only by permission, express or implied, and not by adverse exercise or in any other way, hence it is generally revocable at the will of the grantor. (3) It only legalizes a certain act, which would otherwise be unlawful and does not confer any interest in the property itself in or upon or over which such act is allowed to be done. (d) Easements Act (V of 1882)--- ----Ss. 52 & 56---Licence---Rights of a licensee---Nature and scope. A licence is a personal right granted to a person to do something upon immoveable property of the grantor, and does not amount to the creation of an interest in the property itself. It is purely a permissible right and is personal to the grantee. It creates no duties and obligations upon the person making the grant and is, therefore, revocable in certain circumstances expressly provided for in the Act itself. The licence has no other effect than to confer a privilege upon the licensee to go upon the land and to do a certain act, which would, in the absence of such license, be unlawful. Generally a licence which is also known as licence of pleasure is founded on personal confidence and is a purely personal privilege exercised by the grantee himself therefore its exercise cannot be delegated…

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