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4. It in the meantime if the lease of the said premises is formally
renewed by the Kolkata Port Trust in favour of the licensor, it will
negotiate the grant of a sub-lease of the said premises to the licensee on
the same terms and conditions of this agreement and, will grant such
sub-lease in its favour, whereupon the license granted hereby shall
automatically come to an end.”
47. A composite reading of the above clauses leaves no manner of doubt
regarding the intention of the parties to create a licence, as opposed to
a lease. As per the said clauses, the Kolkata Port Trust (KoPT), the
superior landlord under which the award holder Efcalon was a lessee,
had not yet renewed the lease of the premises at the juncture when the
present disputed agreement dated December 26, 2004 was entered
into.
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