2.3 A leave and a licence of a property are different from a property lease agreement, as the lease agreement creates an interest in the property that does not justify the licence. Over time, the Supreme Court and several high courts have set out several tests to determine a license from a lease, but none of them are conclusive. The best known is that of Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262 and the most recent decision on the matter is by ICICI, (1999) 5 SCC 708 (SC). It is the owner`s responsibility to ensure the registration of the rental agreement, failing which the landlord may have to pay a penalty of Rs 5,000 and punish himself with a prison sentence of up to three months. 2.4 A common misunderstanding among many people is that a leave and license can only be for 11 months.
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