vustudents
05-04-2012, 05:29 PM
Purpose attained, abandoned or frustrated- - clause (F)
(1) Purpose attained: When a license is granted for a specific purpose and that purposes has been achieved the license loses its utility and is deemed to be revoked. An apt illustration of the application of this principle is afforded by the case of Deep Chand v. Kasturi Devi. AIR 1975 Pat. 17. In this case A was constructing a building on his own land and B allowed his land to be used by A as passage for the limited purpose of carrying bricks and other material to the construction site and it was held that the license granted by B to A for using his land as passage must be deemed to have been revoked with the completion of the work of construction.
(2) Purpose abandoned: If the purpose for which the license was granted is given up and no attempt is made to accomplish it the continuance of the license is pointless and the license must be deemed to be revoked. Where land is given to the ryots so that they may make houses and live in the village, the moment they abandon residence in the village the purpose is abandoned and license stands revoked under section 62 (f). AIR 1953 All. 439.
(3) Purpose frustrated: A license becomes futile when he the purpose for which it was granted becomes impossible of achievement, and must be deemed to be revoked. Where a license of land is granted for building cattle sheds but the licensee builds a bidi factory thereon license is revoked as he specified purpose cannot be achieved. AIR 1934 Nag. 158. Where a house was given to the licensee for residential purposes but the licensees sold it to a third person, license was revoked as the purpose for which the license was granted become impracticable when the house was sold. AIR 1958 HP 5.
Office or employment cease- - clause (g): This clause applies generally to cases where residential accommodation is provided by employers to their officers and employees on account of their employment. The moment that particular employment cease the license stands revoked. Where land was given to the ancestors of the defendants to build a house for their residence while they were in the service of the plaintiff and his ancestors as patwari and karinda, it was held that when the defendant ceased to act as such the license was revoked.
Non-user for 20 years- - clause (h): Clause (h) makes provision for the revocation by 20 years non-user whereas section 47 makes provision for the extinction of an easement by 20 years non-use. Non-user of a license for 20 years implies abandonment or surrender of the license.
Accessory license- - clause(i): Section 55 for accessory license. They arise only when they are necessary for the enjoyment of some other interest or right. They exist so long as that other interest or right exists and are deemed to be revoked when that interest or right comes to an end. Similar provisions in respect of accessory easements are to be found in section 24.
Irrevocable license may be made revocable by special contract: The case of M. A Naser v. Chairman, P.R., PLD 1966 Dacca 69, held that where a license is prime facia irrevocable either because it is coupled with a grant or because the licensee has erected works of a permanent nature, there is nothing to prevent the licensee from agreeing expressly or by necessary implication that the license nevertheless shall be revocable.
(1) Purpose attained: When a license is granted for a specific purpose and that purposes has been achieved the license loses its utility and is deemed to be revoked. An apt illustration of the application of this principle is afforded by the case of Deep Chand v. Kasturi Devi. AIR 1975 Pat. 17. In this case A was constructing a building on his own land and B allowed his land to be used by A as passage for the limited purpose of carrying bricks and other material to the construction site and it was held that the license granted by B to A for using his land as passage must be deemed to have been revoked with the completion of the work of construction.
(2) Purpose abandoned: If the purpose for which the license was granted is given up and no attempt is made to accomplish it the continuance of the license is pointless and the license must be deemed to be revoked. Where land is given to the ryots so that they may make houses and live in the village, the moment they abandon residence in the village the purpose is abandoned and license stands revoked under section 62 (f). AIR 1953 All. 439.
(3) Purpose frustrated: A license becomes futile when he the purpose for which it was granted becomes impossible of achievement, and must be deemed to be revoked. Where a license of land is granted for building cattle sheds but the licensee builds a bidi factory thereon license is revoked as he specified purpose cannot be achieved. AIR 1934 Nag. 158. Where a house was given to the licensee for residential purposes but the licensees sold it to a third person, license was revoked as the purpose for which the license was granted become impracticable when the house was sold. AIR 1958 HP 5.
Office or employment cease- - clause (g): This clause applies generally to cases where residential accommodation is provided by employers to their officers and employees on account of their employment. The moment that particular employment cease the license stands revoked. Where land was given to the ancestors of the defendants to build a house for their residence while they were in the service of the plaintiff and his ancestors as patwari and karinda, it was held that when the defendant ceased to act as such the license was revoked.
Non-user for 20 years- - clause (h): Clause (h) makes provision for the revocation by 20 years non-user whereas section 47 makes provision for the extinction of an easement by 20 years non-use. Non-user of a license for 20 years implies abandonment or surrender of the license.
Accessory license- - clause(i): Section 55 for accessory license. They arise only when they are necessary for the enjoyment of some other interest or right. They exist so long as that other interest or right exists and are deemed to be revoked when that interest or right comes to an end. Similar provisions in respect of accessory easements are to be found in section 24.
Irrevocable license may be made revocable by special contract: The case of M. A Naser v. Chairman, P.R., PLD 1966 Dacca 69, held that where a license is prime facia irrevocable either because it is coupled with a grant or because the licensee has erected works of a permanent nature, there is nothing to prevent the licensee from agreeing expressly or by necessary implication that the license nevertheless shall be revocable.