"License" defined
Section 52 of the Indian Easements Act, 1882 deals with "License" defined. Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the prop The Act came into force on 01 Jul 1872.
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.
Section 52, The Indian Easements Act, 1882 (Act 5 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Samarpan Varishtha Jan Parisar v. Rajendra Prasad Agarwal
Court's Decision & Legal Precedent
DATE-VERIFIED REPORTABLE Judgement 2022-05-06 (order-5.pdf; body date MAY 06, 2022 matches index — tool false-flagged WRONG DOC on annexure dates). Old-age-home inmate is a bare licensee under Easements Act s.52: permission confers no estate/interest; licence may be terminated for breach of house rules; injunction to restrain dispossession unavailable to a mere permissive occupant.
On this section: Applies s.52 licence definition to residential occupation of a charitable old-age home: inmate holds only a licence, not a lease or interest in the immovable property.
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Shanti Vijay Jewels vs Asian Hotels (north) Limited
Court's Decision & Legal Precedent
Dealing with a shop in the Hyatt Regency arcade held under a licence agreement, the Court held that whether a document creates a lease or a licence turns on its substance and on the conduct and intention of the parties rather than on its label, and that a grant which does not transfer an interest in the property remains a licence even where the occupant enjoys de facto exclusive possession; a claim of an irrevocable licence in perpetuity was examined against that test.
On this section: It uses the Section 52 concept of a licence, as distinguished from a lease, to characterise the occupant's right in the hotel arcade and then decides whether the resulting dispute was arbitrable.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 52
What have the courts held on Section 52 of the Indian Easements Act?
Samarpan Varishtha Jan Parisar v. Rajendra Prasad Agarwal (06 May 2022) is the leading judgment on this section among those set out below: Applies s.52 licence definition to residential occupation of a charitable old-age home: inmate holds only a licence, not a lease or interest in the immovable property. Another 1 judgment on this section is set out below, 1 of them from the Supreme Court. They run from 2020 to 2022.
How do I find court cases under Section 52 of the Indian Easements Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Indian Easements Act 1882 52, section 52 Indian Easements Act 1882, section 52 of the Indian Easements Act. People searching for it also type indian easement act 52. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Samarpan Varishtha Jan Parisar v. Rajendra Prasad Agarwal (06 May 2022).
What should I read with Section 52 of the Indian Easements Act, and has it changed?
4 other provisions in this corpus refer back to it.
When did Section 52 of the Indian Easements Act come into force?
Section 52 of the Indian Easements Act, cited as Indian Easements Act 1882 52, came into force on 01 Jul 1872, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Easements of necessity and quasi easements1090 words
- 7. Easements restrictive of certain rights595 words
- 15. Acquisition by prescription592 words
- 4. "Easement" defined428 words
- 47. Extinction by non-enjoyment408 words
- 24. Right to do acts to secure enjoyment358 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.