Licence is a personal privilege

The Indian Easements Act, 1882 defines ‘Licence’. Section 53 of the said Act stipulates that a licence may be granted by any one in the circumstances and to the extent to which he may transfer his interests in the property ‘affected by the licence’. Licence is a privilege to do something on the premises which otherwise would be unlawful. Licence is a personal privilege. See B. M. Lall v. Dunlop Rubber and Co. Ltd., (1968) 1 SCR 23.

A statutory tenant is in the same position as a contractual tenant until the decree for eviction was passed against him and the rights of a contractual tenant included the right to create licence even if he was the transferor of an interest which was not in fact the transfer of interest[Chandavarkar Sita Ratna Rao Versus Ashalata S. Guram AIR 1987 SC 117 ]

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