Case Note & Summary
The dispute involved a property occupied by a school managed by a Registered Education Society. The property was initially owned by Raja Ram Kumar Bhargava, who allowed the school to use the premises free of rent as a permanent contribution. The school made permanent constructions on the property without objection from the donor. After the property was mortgaged and later sold to Ram Sarup Gupta, the appellant, he sought to terminate the school's license and regain possession. The trial court dismissed his suit, finding that the property remained under the donor's ownership due to the absence of a registered deed transferring title. The court ruled that the license granted to the school was irrevocable under Section 60(b) of the Indian Easement Act, as the school had made permanent constructions. The High Court upheld this decision, leading to the appeal in the Supreme Court. The Supreme Court affirmed the lower courts' findings, emphasizing that the license was irrevocable because the school acted upon it and incurred expenses for the constructions. The court noted that the donor's conduct indicated acceptance of the school's actions, thus preventing revocation of the license. The court also addressed the importance of pleadings, stating that the defendants had sufficiently raised the issue of irrevocability in their written statement. Ultimately, the appeal was dismissed, confirming the school's right to continue occupying the property.
Headnote
A) Property Law - License Irrevocability - Conditions for Irrevocability of License - Indian Easement Act, 1882, Section 60 - License granted for running a school and making permanent constructions was deemed irrevocable as the licensee acted upon the license and incurred expenses. The court held that the grantor could not revoke the license after the licensee made permanent constructions for the school. (Paras 821-823).
Issue of Consideration
Whether the license granted to the school was irrevocable under Section 60(b) of the Indian Easement Act, 1882.
Final Decision
The Supreme Court dismissed the appeal, affirming the lower courts' findings that the license was irrevocable under Section 60(b) of the Indian Easement Act, 1882.
Law Points
- License
- irrevocability
- Indian Easement Act
- 1882
- Section 60
- construction on land
- permanent character
- pleadings
- evidence
