The Bombay High Court ruled that a mere licence does not create tenancy rights and rejected a plaint amendment seeking contradictory relief.
Licence Does Not Confer Tenancy Rights: Bombay HC
The Bombay High Court has held that a licence agreement, by itself, does not create tenancy or interest in land, and accordingly rejected an amendment to the plaint that contradicted the initial cause of action. The case involved a dispute over possession of commercial premises where the plaintiff initially approached as a licensee but later sought relief inconsistent with that status.
The court emphasized that pleading must be consistent with the nature of the interest claimed. Invoking tenancy protection under Maharashtra Rent Control Act requires a contractual relationship of landlord and tenant, which cannot coexist with a licence. The court cited Section 108 of the Transfer of Property Act, which distinguishes licence from lease based on exclusive possession.
Practitioners must ensure that pleadings accurately describe the nature of possession. Attempting to claim contradictory reliefs—such as licence and tenancy—risks judicial rejection and procedural dismissal. This decision reinforces factual consistency in drafting civil suits involving occupancy rights.