Eviction of licensee - from commercial property

Abhay Kotak (Querist) 01 March 2014 This query is : Resolved
Query Related on
1.Registered - Leave and License Agreement in respect of Commercial Property

Eviction and Possession of Property from the Licensee upon LL Agreement Expiry.

In respect of “RESIDENTIAL PROPERTY”, there is a Provision of Section 24 of the Maharashtra Rent Control Act’ 1999. Under Sec 24, if the licensee does not hand over the possession of “RESIDENTIAL” premises at the end of term of agreement, the owner can approach the competent authority for relief, who shall pass an order for eviction of the licensee within a period of six months, also liable for penalty double the rate of LL fee, IN THAT CONTEXT MY QUERY IS AS UNDER:

Q. Which is the Competent Authority to entertain dispute to Evict the Licensed premises in case of Commercial Shops, Gala’s Etc and under which Act & Sections of law applicable and what would be the maximum period of disposal ? Any Appellate Authority / Authorities?
------------------------------------------
2.It is provided in Section 3 (1) (b) of the Maharashtra Rent Control Act’ 1999, that the Act shall not apply to any premises let or sublet include lease or tenancy to banks or any public sector undertakings or any corporation established by or under any central or state act or foreign mission, international agencies, multinational companies, Private and Public Limited companies having a paid up share capital of Rs. 1 crore or more, THEREFORE SUCH LESSEE OR TENANT SHALL NOT HAVE THE PROTECTION OF ACT, In that context my Query is as under:

Q. Rent Control Act 1999 is not applicable for all the above Leave and License Agreements, then under which Act/Laws are governing the captioned leave and license agreements? And for eviction who is the competent authority, to whom licensor may approach for redressing/evicting the premises from the Licensee. ? And under which Act & Sections of law applicable and what would be the maximum period of disposal ? Any Appellate Authority / Authorities?

Abhay Kotak
9821054415

Follow Query

Report Abuse