Puran Chand (Deceased) Through Lrs And … vs Prabhat (Deceased) Through Lrs on 2 May, 2026

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    Delhi High Court

    Puran Chand (Deceased) Through Lrs And … vs Prabhat (Deceased) Through Lrs on 2 May, 2026

    Author: Neena Bansal Krishna

    Bench: Neena Bansal Krishna

                              *      IN      THE HIGH COURT OF DELHI AT NEW DELHI
                              %                                         Reserved on: 10th February, 2026
                                                                          Pronounced on: 2nd May, 2026
                              +      RSA 101/2023, CM APPL. 26508/2023 & CM APPL. 26568/2023
    
                              1.     SH. PURAN CHAND (DECEASED)
                                     S/o Sh. Balu Ram
                                     Through Legal Heirs
    
                                     (i) Sh. Kundan Lal (Son)
                                     S/o. Sh. Late Puran Chand
                                     (ii) Sh. Devi Dayal (Son)
                                     S/o. Sh. Late Puran Chand
                                     (iii) Smt. Mamta Devi (Daughter)
                                     W/o. Sh. Nathu Ram
                                     (iv) Smt. Shanti Devi (Daughter)
                                     W/o. Sh. Rajesh Kumar
                                     (V) Smt. Soni Devi (Wife)
                                     W/o. Late Sh. Puran Chand
    
                              2.     SH. KUNDAN LAL
                                     S/o Late Puran Chand
                              3.     SH. DEVI DAYAL
                                     S/o. Sh. Late Puran Chand
                                     All R/o. C-57, Ground Floor,
                                     Shiv Gali Nanak Basti,
                                     Kotla Mubarakpur, New Delhi- 110003
                                                                                           .....Appellants
                                                       Through:   None
                                                       versus
                                     SH. PRABHAT (DECEASED)
                                     Through Legal Heirs
                                     All r/o. C-57, Ground Floor,
                                     Shiv Gali Nanak Basti,
                                     Kotla Mubarakpur, New Delhi- 110003.
    
    
                              RSA 101/2023                                                  Page 1 of 19
    Signature Not Verified
    Signed By:VIKAS
    ARORA
    Signing Date:02.05.2026
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                                      1. Chet Ram (Son)
                                     2. Sh. Ghanshyam (Son)
                                     3. Ishwar Singh (Son)
                                     4. Ms. Puni (Daughter)
                                     W/o. Late Sh. Leela Ram,
                                     R/o. 432/5, Khichripur, De1hi- 110091.
                                                                                        .....Respondents
                                                          Through:      Mr. Navjot Kumar, Mr. Karan
                                                                        Khanna and Ms. Rashmi Sharma
                                                                        Advocates
                              CORAM:
                              HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                   J   U D G M E N               T
                              NEENA BANSAL KRISHNA, J.
    

    1. The present Regular Second Appeal under Section 100 of the Code of
    Civil Procedure, 1908 (CPC) has been filed against the judgment and decree
    dated 31.03.2023 whereby the learned ADJ in RCA DJ No. 99/2019, has
    upheld the judgment and decree dated 07.06.2019 of the learned Civil
    Judge, whereby the suit for Mandatory and Permanent Injunction was
    decreed against the Defendants, who were directed to deliver the possession
    of the Suit property, to the plaintiff.

    2. The Plaintiff, Prabhat, filed the Suit bearing No. 96065/16 for
    Mandatory and Permanent Injunction against the Defendants, namely Puran
    Chand, Kundan Lal, Devi Dayal and Dhanna Ram, for directing Defendant
    No. 1 to deliver possession of the suit property, and for restraining the
    Defendants from creating any third-party interest in the suit property.

    SPONSORED

    3. The Plaintiff claimed that he was the absolute owner of the Property
    bearing No. C-57, comprising of ground floor and first floor with entire

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    ARORA
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    build up portion, located in Shiv Gali, Nanak Chand Basti, Kotla
    MubarakPur, New Delhi (hereinafter referred to as the “Suit Property”), by
    virtue of registered Sale Deed dated 16.01.1966.

    4. The Defendant No. 1, Puran Chand being the brother of the Plaintiff
    and Defendants No. 2 Sh. Kundan Lal and 3 being his sons, were permitted
    by the Plaintiff to stay in the Suit Property, as they were not well off.
    Subsequently, Defendant No. 2, had been staying in the Suit Property.

    5. Defendant No. 4-Dhanna Ram also being the brother of the Plaintiff,
    was staying in a portion of the Suit Property, but Defendant No. 4 is a
    proforma party and no relief was claimed against him.

    6. The Plaintiff despite making every endeavour to persuade the
    Defendants No. 1 to 3 to vacate the premises, was not successful in doing so
    as they were adamant and had dishonest intention to retain the property of
    the Plaintiff.

    7. It was further asserted that Defendant No. 1 owns a property bearing
    No. C-157, Shyam Gali, Kotla Mubarak Pur, New Delhi and is earning more
    than Rs.15,000/- per month, while he is occupying the property of the
    Plaintiff as a permissive user.

    8. Left with no option, Plaintiff sent a Legal Notice dated 13.02.2007, to
    which an absolutely false and frivolous Reply dated 22.02.2007, had been
    sent by Defendants.

    9. Thus, Plaintiff filed the Suit for Mandatory Injunction for directing
    the Defendants No. 1 to 3 to vacate the Suit Premises and for Permanent
    Injunction to restrain them from creating any third party rights in the Suit
    Property.

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    10. The Defendants Nos. 1 to 3, in their Written Statement, stated that
    the Plaintiff and Defendants Nos. 1 and 4 are real brothers, the Plaintiff
    being the eldest. Upon the demise of their father, the parties, then young,
    continued as members of a joint family and started earning at a young age.

    11. All the three brothers were earning and as the family grew and some
    income was generated, the family needed shelter and all the brothers from
    the common pool/funds, purchased the land admeasuring 45 sq. yards
    bearing C-57, Shiv Gali, Nanak Chand Basti, Kotla Mubarak Pur, New
    Delhi and later, raised the construction through their common funds.

    12. As the family expanded, the need of another house arose and plot No.
    C-93, admeasuring 50 sq. yards, Shiv Gali, Nanak Chand Basti, Kotla
    Mubarak Pur, New Delhi was purchased, from the common funds of all the
    brothers. Since Plaintiff was the eldest and other brothers had great regard
    for him, both the plots were purchased in the name of the Plaintiff and
    thereafter, they never felt any need or necessity to mutate the properties or
    transfer or partition the said properties.

    13. Since the very beginning, all the brothers remained and lived in a joint
    family; as the family expanded, Plaintiff shifted to nearby property, i.e. Plot
    No. C-93, admeasuring 50 sq. yards, Shiv Gali, Nanak Chand Basti, Kotla
    Mubarak Pur, New Delhi. There was no question of Suit Property ever
    belonging exclusively to the Plaintiff.

    14. Even before the purchase of the Suit Property, all the three brothers
    were living in the Suit Property as tenants and had been paying the rent to
    the erstwhile owner. The Property was subsequently purchased from the
    common funds, and all the three brothers were living in the Suit Property.

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    15. It was further asserted that though the area of Property No. C-93,
    Kotla Mubarak Pur, New Delhi, was more than the area in possession and
    occupation of the Plaintiff, but considering the close relationship and the
    mutual agreement/Family Settlement, which had taken place long back in
    mid 1980s, no objection has ever been raised by the Defendant. The present
    Suit is the outcome of the situation wherein, the sons of the Plaintiffs have
    forced and coerced their father i.e. the Plaintiff, to file the present Suit.

    16. The Defendants claimed that they were never a licensee, but were in
    possession and occupation of Suit premises, as it had been jointly purchased
    from the equal contribution made by Defendant No. 1.

    17. It was asserted that the Plaintiff is not the exclusive owner of the Suit
    Property and thus, the Suit does not disclose any cause of action. The Suit
    for Mandatory Injunction and Permanent Injunction is, also not maintainable
    for want of seeking declaratory right and the possession of the Suit Property.

    18. On merits, all the averments made in the Plaint, were denied and the
    defence was taken as narrated above.

    19. No Replication was filed by the Plaintiffs, to the Written Statement
    of the Defendant Nos. 1 to 3.

    20. The Issues were framed on 03.02.2010, as under:-

    (i) Whether the plaintiff is entitled to a decree of
    permanent injunction, as prayed for? OPP

    (ii) Whether the plaintiff is entitled to a decree of
    mandatory injunction, as prayed for? OPP

    (iii) Whether there is no cause of action to file the
    present suit? OPD

    (iv) Relief.

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    21. An Additional Issue was framed on 11.01.2013, as under:-

    3(a) Whether the defendant No. 1 has provided the fund
    for the purchase of the suit property to the plaintiff? OPD

    22. The Plaintiff in support of his case, examined as PW-1.

    23. PW-2 is Mr. Bhuwneshwar Singh, from Delhi Jal Board, South-II,
    Giri Nagar, who produced the documents pertaining to water connection
    installed in the name of Plaintiff and the requisite document is exhibited as
    Ex.PW-2/1. DW-1,

    24. DW-1, Sh. Devi Dayal, Defendant No. 3 and son of Defendant 1,
    corroborated the defence taken in the Written Statement.

    25. DW-2, Smt. Soni Devi wife of the Defendant No. 1, corroborated the
    testimony of DW-1.

    26. The learned Civil Judge-cum-Additional Rent Controller, Delhi,
    considered the evidence led by both the parties and concluded that it was not
    proved that the Suit Property was purchased from the joint funds. It was
    further held that the Defendants were not the owners or co-owners of the
    Suit Property in question.

    27. The Suit was decreed and the Defendant Nos. 1 to 3 were directed to
    hand over the possession of the Suit Property to the Plaintiff and they were
    also restrained from creating third party rights in the Suit Property.

    28. Aggrieved by the said Judgment, the Regular First Appeal bearing
    No. RCA DJ No. 99/2019 was filed on behalf of the Defendants/Appellants.

    29. The learned District Judge after appreciating the evidence, found
    that there is no merit in the Appeal and dismissed it, vide Order and
    Judgement dated 31.03.2023.

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    30. Aggrieved, the Defendants/Appellants have preferred the Second
    Regular Appeal.

    31. The grounds of challenge are that the two Courts failed to consider
    that the relief of possession, could not have been given to the Respondents,
    in a simpliciter Suit for Mandatory Injunction, when there was a serious
    dispute about the Respondent’s title over the Suit Property.

    32. It was asserted that the Appellant had been in possession of the Suit
    Property for last over four decades and at no prior time, did the Respondents
    ever dispute the title of Appellant No. 1, over the Suit Property. It is only in
    2007 for the first time, that the Respondents came out with the frivolous plea
    that the title of the Suit Property belonged to him and the Appellants were
    mere licensees and that they were asked to vacate the Suit Property. Despite
    there being genuine dispute over the title of the Property, simpliciter Suit for
    Injunction, has been allowed.

    33. Reliance was placed on Anathula Sudhakar vs. P. Buchi Reddy
    (Dead) by LRS and Others
    , (2008) 4 SCC 594 wherein it was observed that
    where a cloud is raised on the plaintiff’s title and he does not have
    possession, the Suit for declaration and possession, with or without a
    consequential injunction, is the remedy.
    Similar observations have been
    made by the Apex Court in Jharkhand State Housing Board vs. Didar Singh
    and Another
    , (2019) 17 SCC 692.

    34. It is further asserted that the title of the Property belonged to the
    Appellant No. 1, pursuant to a mutual understanding/Family Settlement.
    Reliance is placed on Kale and Others vs. Deputy Director of Consolidation
    and Others
    , (1976) 3 SCC 119 wherein it was held that family settlement,

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    even if oral, should be given weight as an object of the family settlement is
    to protect the family from a long-drawn litigation.

    35. The substantial questions of law, which arise for consideration, are
    proposed as under:-

    (i) Whether the Courts below have erred in entertaining
    the Respondent’s suit for injunction simpliciter, as the
    case involved disputed and complicated questions
    regarding the title of the suit property?

    (ii) Whether the Courts below have erred in granting the
    relief of possession to the Respondent in a suit for an
    injunction simpliciter, in light of the present factual
    scenario where there is a cloud over the title of the
    Respondent and the possession of the suit property
    was with the Appellants?

    (iii) Whether the Courts have erred in entertaining
    averments in relation to the title of the property in a
    suit for a simple injunction simpliciter, instead of
    relegating the parties to a remedy by way of a fresh
    comprehensive suit for the declaration of title of the
    suit property?

    (iv) Whether the Courts have erred in entertaining the
    Respondent’s suit, despite the Respondent not paying
    the adequate Court fees in accordance with the value
    of the suit property?

    (v) Whether the Courts have erred in failing to give
    adequate weightage to the family settlement arrived
    between the Appellants and the Respondent?

    36. It is, therefore, submitted that the impugned Judgment dated
    31.03.2023 of learned ADJ-04, Saket Courts, New Delhi, be set-aside.

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    37. Written submissions have been filed on behalf of the Appellants, to
    corroborate the grounds of Appeal.

    38. Further reliance is placed on Section 60(b) of the Indian Easements
    Act, 1882 which expressly provides that a licence becomes irrevocable
    where the licensee, acting upon the licence, has executed a work of a
    permanent character and expressed incurred expenses in the execution
    thereof.

    39. It is further contended that the Respondents/Plaintiffs had admitted
    that the construction was raised by the Defendants, which clearly attracts the
    protection of Section 60(b) of the Indian Easement Act, 1882 and renders
    the alleged license, irrevocable in law. Reliance is placed on Ram Sarup
    Gupta vs. Bishun Narain Inter College & Ors.
    , (1987) 2 SCC 555.

    40. There was acquiescence and waiver by the Respondents for over 40
    years, which clearly establishes the implied consent of the Respondents.

    41. Furthermore, the possession of the Property handed over pursuant to
    execution of a decree, does not automatically render an Appeal infructuous
    in all cases, especially where the Appeal raises substantial questions of law
    and fact.

    42. Reliance is placed on Bablu alias Shivraj Singh vs. Rajinder Singh
    Ratan (Dead) Thr
    . Lrs. Smt. Kuldeep Kaur Ratan and Others, (1987) 2 SCC

    555. It is, therefore, submitted that the impugned Judgment and decrees of
    the two Courts, are liable to be set-aside.

    43. Written Submissions were filed on behalf of the Respondents
    wherein it was submitted that the Appellants are trying to make various
    substantial questions of law when in fact, these are questions on fact. There

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    is no substantial question of law raised, either in the Appeal or during the
    course of arguments.

    44. It is further stated that the Plaintiff, Mr. Prabhat was the absolute
    owner of the Suit Property by virtue of a Sale Deed dated 16.01.1966, which
    has not been disputed in the Written Statement or evidence or challenged by
    way of a separate Suit. Since a registered property document is in favour of
    the Plaintiff, it establishes the ownership of the Plaintiffs; a mere oral
    averment to disprove the registered document, is not sufficient/admissible as
    has been held in the case of Karan Madaan vs. Nageshwar Pandey, (2014
    (3) CLJ 589 DEL and Bishundeo Narain Rai vs. Anmol Devi, AIR 1998
    (SC) 3006.

    45. It is further asserted that during the pendency of the Suit, the
    Defendants/Appellants had raised unauthorised construction in the Suit
    Property. Suit bearing CS No. 313/2014 was filed by the Plaintiff for
    removal of unauthorised construction, which was dismissed on 20.12.2014
    with a finding that the plaintiff was the owner but had failed to prove the
    unauthorised construction.

    46. Thereafter, the Plaintiff/Respondent had filed First Appeal bearing
    RCA No. 18/2016, which was allowed vide Judgment dated 03.01.2018 and
    the Appellants were directed to remove the unauthorised construction. The
    Defendants/Appellants herein then filed RSA No. 47/2018 before this Court,
    but that was also dismissed vide Judgment dated 20.03.2018.

    47. This litigation firmly established that the Plaintiff was the owner of
    the Suit Property, by virtue of a registered Sale Deed dated 16.01.1966. The
    Defendants/Appellants did not challenge the Judgment of this Court before

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    the Supreme Court of India and therefore, the ascertainment of ownership,
    has attained finality.

    48. It is further submitted that the Defendants admitted the case of the
    Plaintiffs in cross-examination, that they had been permitted the use of the
    Suit Property by the Plaintiffs. In view of this admission, they cannot deny
    ownership in terms of Section 116 of the Indian Evidence Act. Reliance is
    placed on Bimpla Chopra vs. Kuldeep, 2023 Lawpack Delhi 93391.

    49. It is submitted that the Appellants have failed to prove any Family
    Settlement between them and the Respondents , as has been claimed.

    50. Furthermore, the Suit for Mandatory Injunction for Possession against
    the permissive user after termination of license, is maintainable as held in
    the case of Sant Lal Jain vs. Avtar Singh, AIR 1985 SC 857; Mulk Raj
    Kullar vs. Anil Kapur & Ors.
    , 2013 (139) DRJ 303; Ajab Singh vs. Shital
    Puri
    , AIR 1993 All 138 and Joseph Severance and Ors. vs. Benny Mathew
    & Ors
    , 2005 (7) SCC 667.

    51. It is, therefore, submitted that there is no merit in the Appeal, which is
    liable to be dismissed.

    Submissions heard and Record perused.

    52. The substantial Question of law is framed as under:

    (i) Whether the licence in favour of the Appellants had become
    irrevocable on account of construction of a permanent
    nature, having been raised by them?

    53. It is not disputed that the Plaintiff has a registered Ex. Sale Deed
    dated 16.01.1966, Ex.PW-1/1, in his favour. The only plea taken by the
    Appellants, was that in fact, they were living in joint family and that all the
    three brothers had contributed for purchase of the Suit Property. However,

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    aside from bald assertions in their testimony, there is no cogent evidence
    produced to show that either there was a joint family existing in the year
    1966 between the brothers or that there were joint funds, which had been
    used for the purchase of the Property in the name of the Plaintiff, being the
    elder son. The claim that Mr. Puran Chand and Late Dhanna Ram, had
    contributed for purchase of the Suit Property, aside from being an assertion,
    did not get substantiated by any evidence.

    54. Moreover, it cannot be overlooked that in the year 1966, the Property
    had been purchased vide Sale Deed in the name of the Plaintiffs/
    Respondents and till date, no challenge was ever made to the Sale Deed nor
    did the Appellants ever claim to be the joint owners of the Property
    allegedly being purchased from the joint funds, not did they ever assert that
    they have become the owners, pursuant to any Family Settlement.

    55. The Appellants may have lived in the Property for 40 years, but it has
    emerged in the evidence that it was purely because they were permitted to
    occupy the Suit Property by the Respondents. The long permissive
    user/occupation of the Suit Property by the Appellants, would not make them
    the owners of the Property, especially when the Plaintiff has deposed that
    they were only in permissive user. This fact was also admitted by DW1, in
    his cross-examination, as observed by the Trial Court.

    56. Both the Courts, on appreciation of evidence, have concluded that the
    Suit property is in the exclusive ownership of the respondent.

    57. The next defence taken on behalf of the Appellants, was that because
    of the expansion of families, it was mutually agreed by way of Oral
    Settlement that the Suit Property would belong to the Defendant No. 1 and

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    Late Mr. Dhanna Ram, in equal share, while the Plaintiff would be the
    owner of the Property bearing No. C-93, Kotla Mubarakpur, New Delhi.

    58. Though a mutual Settlement or Agreement, had been pleaded, but it
    was only to the effect that the Appellants and Late Mr. Dhanna Ram, would
    become the owners. There is no specific date or the exact details of the
    mutual understanding and the Oral Settlement. This plea is absolutely vague
    as there are no particulars of mutual Settlement, mentioned or proved by the
    Appellants.

    59. The Appellants have placed reliance on Kale and Others (supra), to
    assert that the Family Settlement even if oral, should be given weight as the
    object of a family settlement is to protect the family from a long-drawn
    litigation.

    60. However, there is no date of family settlement or arrangement given
    by the Appellants. The only claim is that it was mutually agreed that the
    Appellants would occupy the Suit Property. The onus was on the Appellants,
    to bring cogent evidence in respect of the Family Settlement, which they
    have miserably failed to do. The judgment of Kale and Others (supra),
    therefore, does not come to their assistance.

    61. An argument had been raised that the Suit simpliciter for Mandatory
    Injunction for seeking Possession, was not maintainable, without seeking a
    declaration in regard to the title, when there is a cloud raised in regard to the
    title of the plaintiff.

    62. However, as has been rightly contended on behalf of the Respondents,
    there is no question of any cloud on the title of the Respondents, for the
    simple reason that he became the owner of the Property by virtue of Sale

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    Deed dated 16.01.1966, which has never ever been questioned by the
    Appellants. There is no cloud whatsoever on the title of the Respondents.

    63. Rather, the Appellants have miserably failed to prove their claim that
    there were joint funds, which had been utilised for purchase of the Suit
    Property. Moreover, no Declaration has ever been sought by the Appellants,
    either to challenge the Sale Deed or to seek its cancellation.

    64. The Appellant No. 3, Mr. Devi Dayal as DW-1, had next claimed that
    the construction was raised by them in the Suit Property, to which no
    objection was ever taken by the Plaintiff. A plea of Section 60(b) of the
    Indian Easement Act, 1882, has been taken.

    65. Before considering this argument, it is necessary to understand what
    constitutes a licence in law and also the scope of S.60 Indian Easement Act,
    1882. In classical jurisprudence, as explained by Salmond, a licence is
    understood as a permission which renders lawful that which would
    otherwise be unlawful. It does not create any proprietary right in the
    property, but merely confers a personal privilege to do an act upon the
    property of another.

    66. The essential attribute of a licence, therefore, is its permissive
    character. It does not confer any independent right in the property, nor does
    it create any interest in favour of the licensee. The continuance of such right
    is wholly dependent upon the will of the grantor, and the licensee derives his
    authority only so long as such permission subsists.

    67. This principle stands incorporated in Section 52 of the Indian
    Easements Act, 1882, which defines a licence as a right to do, or continue
    to do, something in or upon the immovable property of the grantor, which
    would, in the absence of such right, be unlawful, but which does not amount

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    to an interest in the property. The statutory definition thus, emphasises
    the absence of any proprietary element in a licence.

    68. In view of its purely permissive nature, a licence is ordinarily
    revocable at the instance of the grantor. The licensee cannot claim any
    vested or enduring right to remain in possession, once such permission is
    withdrawn, unless the case falls within the limited exceptions recognised by
    law.

    69. Section 60 of the Indian Easements Act, 1882, embodies these
    exceptions by providing that a licence, though generally revocable, may
    become irrevocable, in certain defined circumstances. These exceptions are
    in the nature of statutory limitations on the general rule of revocability and
    are to be applied strictly, having regard to the nature of a licence as a
    personal and non-proprietary right.

    70. Section 60(b) of the Indian Easements Act, 1882 reads as under:

    “60. License when revocable – “A licence may be revoked
    by the grantor, unless–

    (b) the licensee, acting upon the licence, has executed a
    work of a permanent character and incurred expenses in the
    execution.”

    71. Section 60(b) stipulates that a licence is irrevocable, only if it is
    coupled with a transfer of property and such transfer is in force, or where the
    licensee, acting upon the licence, has executed a work of a permanent
    character and incurred expenses thereon. Being an exception to the general
    rule of revocability, the provision must be strictly construed and the burden
    squarely lies on the licensee to establish its applicability.

    72. The essential ingredients of Section 60(b), are threefold:

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    (i) firstly, the licensee must have executed a work of a permanent
    character on the property;

    (ii) secondly, such work must have been executed “acting upon the
    licence”, that is, pursuant to and within the scope of the permission
    granted, and with the knowledge and consent of the licensor; and

    (iii) thirdly, the licensee must have incurred expenses in the execution
    of such work. The absence of any one of these conditions is fatal to
    the plea of irrevocability

    73. In Shankar Gopinath Apte v. Gangabai Hariharrao Patwardhan,
    (1976) 4 SCC 112, the Supreme Court explained the expression “acting
    upon the licence” occurring in Section 60(b). It was held that even if a
    person has executed work of a permanent character, the protection of
    Section 60(b) would not be available unless such work was executed in his
    capacity as a licensee. Where the work is carried out under some other
    assertion of right, such as in the belief of being a tenant, prospective
    purchaser or owner, it cannot be said that the work was done “acting upon
    the licence”.

    74. The import of “acting upon the licence” can be well understood in the
    light of the decision of the Supreme Court in Ram Sarup Gupta v. Bishun
    Narain Inter College
    1987 SCC OnLine SC 189, wherein Section 60(b) was
    applied in a case where land was granted for running an educational
    institution and the licensee; acting in furtherance of that very purpose, had
    constructed permanent buildings and incurred substantial expenditure. It was
    observed that a licence may become irrevocable, where permanent
    structures are raised in furtherance of the very purpose of the licence and

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    substantial expenditure is incurred. It was emphasised that the construction
    must be directly referable to the licence and must be in furtherance of the
    permission granted. It is not the mere existence of construction, but its
    nexus with the licence, that is determinative.

    75. The Supreme Court in Mumbai International Airport Pvt Ltd v
    Golden Chariot Airport
    (2010) 10 SCC 422, has clarified that the doctrine
    of irrevocability of a licence is of limited application. The Apex Court
    underscored that a licence does not create any interest in immovable
    property and that irrevocability is not the norm and arises only in limited
    circumstances. In this case, despite the licensee having incurred expenditure
    in fitting out and commercially utilising the licensed premises, the Court
    declined to treat the licence as irrevocable, holding that mere investment or
    expenditure, even if substantial, does not satisfy the requirements of Section
    60(b)
    . It was clarified that unless the construction or expenditure is shown
    to be authorised and undertaken in pursuance of the licence, the protection
    of Section 60(b) cannot be invoked.

    76. In Bhaurao S/o Jagoji Junankar v. Geetabai W/o Panjabrao
    Deshmukh, 2013 (7) ALL MR 478, it was held that the burden lies on the
    licensee to establish execution of permanent work, acting upon the licence,
    and incurring of expenses, all of which must cumulatively exist for Section
    60(b)
    to apply.

    77. The facts of the present case, may now be considered, in the light of
    the law, so discussed. There is no material to show that the alleged licence
    was coupled with any transfer of property, nor is there evidence that the
    Appellants, acting upon such licence, executed any work of a permanent
    character so as to render the licence irrevocable.

    RSA 101/2023 Page 17 of 19
    Signature Not Verified
    Signed By:VIKAS
    ARORA
    Signing Date:02.05.2026
    16:23:44

    78. On the contrary, the record shows that the Plaintiff had objected to the
    unauthorised construction and had initiated separate proceedings in that
    regard, culminating in directions against the Appellants for removal of the
    unauthorised construction. Once the construction itself has been found to be
    unauthorised, it cannot be said that the Appellants had “acted upon the
    licence” within the meaning of Section 60(b) or that any proprietary interest
    was created in favour of the Appellants by the said act.

    79. The evidence on record establishes that the construction, if any, was
    carried out unauthorisedly by the Appellants and that too, only as
    permissive users under a licence. The Plaintiffs/Respondents had explained
    in the Written Submissions that a Civil Suit bearing CS No. 313/2014 was
    filed in regard to this unauthorized construction, which was allowed in
    RCA No.18/2016, vide Judgment dated 03.01.2018, and the Appellants
    were directed to remove the unauthorised construction.

    80. Therefore, it cannot be said that no objection was ever taken by the
    Appellants in regard to the construction. Moreover, it has been established
    that the construction was raised unauthorisedly. The requisite conditions of
    S.60 have therefore, not been satisfied; rather it is established the appellants
    had carried out unauthorized construction, against the wishes of the
    Respondent.

    81. As clarified by the Supreme Court in Mumbai International Airport
    (supra), mere expenditure or commercial utilisation of premises cannot, in
    the absence of the statutory conditions, render a licence irrevocable. The
    Appellants have failed to demonstrate acquisition of any easementary right
    or any independent interest or legal right in the Suit Property.

    RSA 101/2023 Page 18 of 19
    Signature Not Verified
    Signed By:VIKAS
    ARORA
    Signing Date:02.05.2026
    16:23:44

    82. In the light of the aforesaid discussion, it is held that the Appeal, is
    devoid of merit, and is accordingly dismissed.

    83. All pending applications are disposed of, accordingly.

    (NEENA BANSAL KRISHNA)
    JUDGE
    MAY 02, 2026
    N/RS

    RSA 101/2023 Page 19 of 19
    Signature Not Verified
    Signed By:VIKAS
    ARORA
    Signing Date:02.05.2026
    16:23:44

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