the licensee refused to vacate
Himanshu shukla
(Querist) 09 December 2009
This query is : Resolved
Dear Sir
i havea house at mhada colony four bunglow andheri(west) which hvae given on rent on the leave and license basis, it was for the 11 months, i have told them(licensee) to get it registered but they refused to do so, saying that they are not having enough money for that and they also require money for the treatment for their mentally retarded child, they were very much irregular in paying me the rent, the leave and license agreement is over on 31 -10-2009 but they have refused to vacate the flat instead they are asking me rs 10 lacs to vacate the flat. the police is not helping us , please tell us how can i can get the eviction order from the court. thanks
niranjan
(Expert) 09 December 2009
When you give the premises on leave and licence,it is the fees that you charge,but if you call it rent,it amounts to lease,and you can file suit for ejectment as per rent act,but if you say it was licence,then you will have to pay court fee on the valuation of the property.Go as per rent act on the ground of non payment of rent or any grounds available to you as per rent act.
Raj Kumar Makkad
(Expert) 09 December 2009
It seems that you had just named the transaction as lease and license but practically it was on rent as you told that hte tenant was lazy in paying you regular rent. So this property seems on rented out and thus you can take the benefit of rent act.
File a rent petition there and take one and formost ground as personal necesscity.
H. S. Thukral
(Expert) 10 December 2009
File a suit for possession and damages after terminating the lease by giving 15 days notice and demanding peaceful possession on the date of expiry of notice. Do it through a lawyer.
