LEAVE & LICENCE

Mr Sreejit (Querist) 12 July 2011 This query is : Resolved
I AM THE OWNER OF THE PROPERTY WHICH I GAVE ON 3 MONTHS RENEWABLE LEASE & LICENCE. NOW I WANT THE OCCUPANT TO VACATE. THE OCCUPANT WILL NOT VACATE SMOOTHLY. NOW WHAT IS THE OPTION/S AVAILABLE TO ME UNNDER LAW.

CAN THE OCCUPANT DEPOSIT LEASE RENT TO RENT CONTRLLER ?

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J K Agrawal (Expert) 12 July 2011
Law of lease is local law and depends upon where the property situates. so it is not easy to answer.

However if your premises not governed by any rent control law if your transaction is lease you can vacate it under TP act and if it is a license you have remedy under law of contracts.

DEFENSE ADVOCATE.-firmaction@g (Expert) 12 July 2011
wELL ONCE THE TENANT IS IN YOUR PROPERTY DEFFICULT FOR EVICTION THROUGH COURTS.

Better be political and get it vacated.

Mr Sreejit (Querist) 12 July 2011
DEAR ALL

HE IS NOT A TENANT. HE IS 'STRANGER TO CONTRACT OF TENANCT'
THE PROPERTY IS SITUATED IN CENTRAL KOLKATA. PLS SUGGEST A SHORTER REMEDY.
I WOULD LIKE TO GET PROFESSIONAL SERVICE TOO.

Devajyoti Barman (Expert) 12 July 2011
Your agreement needs to be seen.

The law of License has no application in India and while interpreting this type of agreement the court mostly treat it as a tenancy agreement which is governed by West Bengal Tenancy Act.

The position of the tenanted property would determine whether the eviction suit could be expedited.