Licencee
Naresh Kudal
(Querist) 26 April 2012
This query is : Resolved
Under which law we can give notice or file a suit against licencee for his eviction? is it necessary to give him notice to quit before institution of suit? Please guide.
Raj Kumar Makkad
(Expert) 26 April 2012
Under section 106 of Transfer of Property Act.
ajay sethi
(Expert) 26 April 2012
yes it is always advisable to issue notice before instituting suit
Suhail A.Siddiqui
(Expert) 26 April 2012
T.P. Act is required Notice and your case fall in T P.Act
Devajyoti Barman
(Expert) 27 April 2012
Firstly there is no statutory need to send notice for eviction of licensee.
Secondly and most importantly lessee and licensee are both completely separate legal concept.
Do not make mistake to send notice u/s 106 as it would establish his right as lessee in stead of licensee. Licensee is not a lessee and only lessee is required to be served with notice u/s 106 of TP Act. Lessee has got more interest in the property than that of a licensee who is basically a permissive occupier.
Your suit would fail only on this ground of sending notice u/s 106 of TP Act.
Shonee Kapoor
(Expert) 27 April 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Nadeem Qureshi
(Expert) 27 April 2012
Dear Naresh
106. Duration of certain leases in absence of written contract or local usage.- In the absence of a contract or local law or usage to the contrary, a lease of immoveable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months' notice expiring with the end of a year of the tenancy; and a lease of immoveable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days' notice expiring with the end of a month of the tenancy.
1. As to persons competent to contract, see ss. 11 and 12 of the Indian Contract Act, 1872 (9 of 1872 ). 2 Subs. by Act 20 of 1929, s. 53, for" Chapter XXXI of the Code of Civil Procedure".
Every notice under this section must be in writing, signed by or on behalf of the person giving it, and 1[ either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party], or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.
prabhakar singh
(Expert) 27 April 2012
A lessee has possessory title in the property against all word except owner.
A licensee does not have such a right as his
is the right to use till owner who granted licence wishes him to use.
Section 106 of Transfer of Property Act deals with leases and not licences.
A licence is dealt in Easement Act,whose section 52 lays down that "52. "Licence" defined
Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a licence"
section53. Who may grant licence
A licence may be granted by anyone in the circumstances and to the extent in and to which he may transfer his interests in the property affected by the licence.
54. Grant may be express or implied
The grant of a licence may be express or implied from the conduct of the grantor, and an agreement which purports to create an easement, but is ineffectual for that purpose, may operate to create a licence.
section 61. Revocation express or implied
The revocation of a Licence may be express or implied
62. Licence when deemed revoked
A licence is deemed to be revoked-
(a) when, from a cause preceding the grant of it, the grantor ceases to have any interest in the property affected by the licence;
(b) when the licensee releases it, expressly or impliedly, to the grantor or his representative;
(c) where it has been granted for a limited period, or acquired on condition that it shall become void on the performance or non-performance of a specified act, and the period expires, or the conditions is fulfilled;
(d) where the property affected by the licence is destroyed or by superior force so permanently altered that the licensee can no longer exercise his right;
(e) where the Licensee becomes entitled to the absolute ownership of the property affected by the licence;
(f) where the licence is granted for a specified purpose and the purpose is attained or abandoned, or becomes impracticable;
(g) where the licence is granted to the licensee as holding a particular office, employment or character, and such office, employment or character ceases to exist;
(h) where the licence totally ceases to be used as such for an unbroken period of twenty years, and such cessation is not in pursuance of a contract between the grantor and the licensee;
(i) in the case of an accessory licence, when the interest or right to which it is accessory ceases to exist.
63. Licensee?s rights on revocation
Where a licence is revoked, the licensee is entitled to a reasonable time to leave the property affected thereby and to remove any goods which he has been allowed to place on such property.
64. Licensee?s rights on eviction
Where a licence has been granted for a consideration, and the licensee, without any fault of his own, is evicted by the grantor before he has fully enjoyed, under the licence, the right for which he contracted, he is entitled to recover compensation from the grantors.
HENCE NO NOTICE SHOULD BE SERVED UPON A LICENCEE UNDER TRANSFER OF PROPERTY ACT.
Dr J C Vashista
(Expert) 28 April 2012
I concur view of Mr. Prabhakar Singh
