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Supreme Court of India 2022-05-06 allowed

Samarpan Varishtha Jan Parisar and Others vs Rajendra Prasad Agarwal and Others

Bench: 2 — Hemant Gupta

In Brief

The Supreme Court examined whether elderly residents of a private old age home could seek injunction to prevent eviction. The residents were admitted as licensees under a licence agreement requiring them to follow house rules and maintain peaceful conduct. After complaints about misbehaviour, the management terminated their licence. The Court held that licensees (unlike lessees) have no legal estate in property and possess only permissive occupation. A licensee cannot obtain injunction against the licensor for eviction if they violate licence terms or disturb fellow residents. The Court allowed the appeal, dismissing the injunction, but directed authorities to provide alternative accommodation and monitor the home's living conditions.

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Property Law Licensing Easements Injunction Old Age Homes Tenancy vs Licence Senior Citizens Civil Procedure

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