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Ambresh Sharma vs. Sarad Chand Fadke

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Deed & Documents–Interpretation of–Whether the document in question is licence or lease–Clear recital in the document that there is no intention between the parties to create any lease or tenancy in the premises–Both the parties are literate, and they executed the agreements with full awareness and after understanding the nature of agreements–If they admittedly and willingly sought to create a licence and not a lease, unless the circumstances do not warrant, it is not for the Court to treat any agreement as a the lease deed merely because the agreement incorporates the ingredients of lease deed.