4(a). Explain the difference between ‘lease’ and ‘license’(2 Marks)
License is defined is S.52 of the Easement Act. Lease is defined in S.105 of the T.P.Act,1882. License and lease are the rights over the immovable property of others. The following are the difference between them:
| LEASE | LICENSE |
| If the document creates an interest in the immovable property, it is lease.Lease requires registration. | Permission to use immovable property of and legal possession continues with owner is called as license. It doesn’t require registration. |
| A lease generally transferable. It can’t be revoked at the wish of the lessor. | A license is generally not transferable. It can be revoked except under few circumstances. |
| If the lease property is transferred, lessee doesn’t get affected. | If the grantor transfers the property, license is terminates. |
| A lessee can himself sue for trespass, but not a license. | A lessee can himself sue for trespass, but not a licensee. |
| Lease is right-in-rem and it is heritable. | License is right –in –personam but not heritable. |
| Lease is assignable and it may be for particular purpose. | License is not assignable; license is always for particular purpose. |
4(b). Explain the term ‘tenant holding over’ and ‘tenant at sufferance’ (2 Marks)
Tenancy by Holding-over: (S.116): The lessee is bound to surrender the possession of property upon the expiry of lease period. However, if the lessee continue to be in possession of the property even after the expiry of the period with the express or implied consent of lessor. This is called tenancy by holding over.
Example: A lets house to B for the life of C. C dies but B continues in possession with A’s consent . B’s lease is renewable.
Tenancy by Sufferance: If the lessee continues in possession of the property without the consent of the lessor even after the expiry of the lease period is called tenancy-at-sufferance. He will not enjoy any right over that property, he is on par with a trespasser. So he can be terminated at any time without any notice.
5(a). A claim petition in execution proceedings is dismissed on merits. What is the remedy available to the claim petitioner? Explain. (3 marks)
Ans: If claim petition is disposed on merits, the only remedy is filing appeal(Civil Miscellaneous Appeal CMA). It is because, the decision under Sec. Order 21 R.58 CPC amounts to decree. However only in exceptional cases an order XXI R.58 is amenable to revisional jurisdiction of High Court. Eg: If the application is disposed off without giving notice to other party
5(b). Explain the ingredients essential to invoke review jurisdiction by court (3 marks)
Review (S.114 CPC): Reconsideration of its own decree by court which passed it is called review. Review is permitted when there is no appeal or right of appeal is not exercised. Grounds for review:
a) discovery of new and important matter or evidence
b) decree passed on account of mistake or error apparent on the acre of the record
c) or any other sufficient reason.
A change in the law in view of decision of a apex court subsequent to the judgement is not a ground for review.
6. Explain the concept of void agreements under the Indian contract Act, 1872 (6 marks)
Void agreement: An agreement that is not enforceable by law in a void agreement. Such agreements do not create any legal rights. It is void ab-initio (i.e., From the beginning). The following are void agreements. They are: Agreement with a minor, Without consideration (S.25), Restraint of marriage void (S.26), Restraint of trade void (27), Restraint of legal proceedings (28) Uncertain agreement (29).
7. Explain in detail the concepts of void and voidable marriages under the Hindu Marriage Act, 1955. (6 Marks)
S.5 of Hindu Marriage Act, stipulates certain conditions for a valid marriage and contravention of these conditions makes the marriage void. The aggrieved party can file a petition u/S.11 for decree of nullity. S.11 of HMA says marriage under certain situations is void. a) Bigamy, b) Prohibited degree of relationship c) Sapinda relation.
Similarly, S.12 of Hindu marriage Act provides for seeking decree of annulment on the ground of voidability on the following grounds:
a) Not consummated due to impotency of respondent;
b) Not capable of giving consent due to unsound state of mind
c) Though Capable to give valid consent but suffering from mental disorder to such an extent as to be unfit for marriage and the procreation of children.
d) Has been subject to recurrent attacks of insanity or epilepsy;
e) that the consent of the petitioner was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
that the respondent was at the time of the marriage pregnant by some person other than the petitioner.