Summary procedure under Order 53 for recovery of possession is inappropriate where the occupier raises an arguable case for an equitable lease or equitable proprietary interest based on disputed factual issues. An owner's intention to occupy part of a property is not necessarily inconsistent with the grant of exclusive possession of another part to the occupier, and whether such an intention existed is a question of fact that cannot be resolved summarily. A common assumption that an occupier could reside in a property for a fixed period, coupled with detrimental reliance, may give rise to a licence coupled with an equitable proprietary interest precluding revocation.
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