Leave & licence agreement
Querist :
Anonymous
(Querist) 14 May 2018
This query is : Resolved
WE HAVE GIVEN OUR OFFICE AT KALAMBOLI , NAVI MUMBAI ON LEAVE & LICENCE FROM 1-11-17 TILL 31-12-17
& LEAVE & LICENCE EXPIRED ON 31-12-17 . THE AGREEMENT WAS REGISTERED AT PANVEL , NAVI MUMBAI .
THE LICENCEE IS NOT VACATING THE PREMISES AFTER THE EXPIRY OF LEAVE & LICENCE IS EXPIRED .
PLEASE GUIDE ABOUT NEXT STEP FOR VACATING THE PREMISES & WHAT ARE STEPS TO BE FOLLOWED
BY US SO THAT WE CAN GET OUR OFFICE BACK GIVEN ON LEAVE & LICENCE .
PAWAN SUREKA
9322284514
Kishor Mehta
(Expert) 14 May 2018
Regular eviction suit has to be filed for the eviction of the licensee.
Ms.Usha Kapoor
(Expert) 15 May 2018
You file a su9it for eviction of licensee in rent control court.
Guest
(Expert) 15 May 2018
It is easy to say to launch an eviction suit. All depends upon the terms of the leave & license agreement. You have not stated, what follow up action you have taken to get your premises vacated from the tenant You have not even stated, if you have given the tenant any notice so far to vacate the premises? Apparently, yours is purely an academic query without any background.
Querist :
Anonymous
(Querist) 15 May 2018
Thanks Mr JIGYASU for providing us information . Sir we have given Leave & Licence from 23-1-17 to 22-12-17 .
Sir i have send Mail on 16th March that the Agreement is Expired I asked him whether he wants to Renew at new Rate Rent .
Further he was interested in Purchase same office but neither Purchase deal happened nor Leave & Licence was renewed .
few whats app message was send to renew the Licence . Till date no notice has been given to vacate the premises so please guide next step
to be followed by us .
Guest
(Expert) 15 May 2018
Still being in general correspondence, with no legal notice, your case is not yet ripe for any legal trial for eviction of your tenant.
Guest
(Expert) 15 May 2018
Pre-trial formalities are must for launching a legal case against your tenant. Any tit bit type of information and and advice on that may not help you much. For that, you may better consult some local lawyer with detailed discussion. However, you may try to understand one thing, nobody takes office on rent merely for 2 months.
P. Venu
(Expert) 15 May 2018
Is the licence period from 1-11-2017 to 31-12-2017 - just for two months?
Querist :
Anonymous
(Querist) 16 May 2018
SORRY THE LEAVE & LICENCE PERIOD IS FROM 1-1-17 TILL 31-12-17 . NOT FOR 2 MONTHS SORRY ONCE AGAIN .
WHETHER I CAN MAKE POLICE COMPLAINT & PUT MY LOCK AS LEAVE & LICENCE PERIOD IS OVER .
OR IS THERE ANY AUTHORITY WHERE I CAN APPROACH FOR EVICTION OR I SHALL HAVE TO FILE EVICTION SUIT .
Querist :
Anonymous
(Querist) 16 May 2018
SORRY THE LEAVE & LICENCE PERIOD IS FROM 1-1-17 TILL 31-12-17 . NOT FOR 2 MONTHS SORRY ONCE AGAIN .
WHETHER I CAN MAKE POLICE COMPLAINT & PUT MY LOCK AS LEAVE & LICENCE PERIOD IS OVER .
OR IS THERE ANY AUTHORITY WHERE I CAN APPROACH FOR EVICTION OR I SHALL HAVE TO FILE EVICTION SUIT .
P. Venu
(Expert) 16 May 2018
You cannot take law into your hands. You need to comply with the due process of law as in accordance with the Rent Laws as in force in the State.
Guest
(Expert) 16 May 2018
Any illegal activity cannot be advised to you. Police cannot intervene in civil cases of leave and license, even if you go with your complaint. Locking of premises will prove to be too costly for you as that would be an illegal act on your part.
No authority, except the court can issue orders of eviction to your tenant that too on merits of the case and comparative needs of both the parties.
Querist :
Anonymous
(Querist) 17 May 2018
THANKS MR DHINGRAJI .
KINDLY LET US KNOW NEXT COURSE OF ACTION TO BE TAKEN BY US IN OUR CASE OF LEAVE & LICENSE .
WHICH COURT WE HAVE TO FILE CASE FOR EVICTION . OUR JURISDICTION IS MUMBAI AS PER AGREEMENT .
OUR PROPERTY IS AT KALAMBOLI , NAVI MUMBAI , REGISTERED AT PANVEL .
PLEASE GUIDE IN WHICH COURT OUR CASE HAS TO BE FILLED FOR EVICTION MUMBAI OR NAVI MUMBAI WHERE OUR PROPERTY
IS THERE & ALSO REGISTRATION WAS DONE AT NAVI MUMBAI , PANVEL . PLEASE GUIDE US .
PAWAN SUREKA .
Guest
(Expert) 17 May 2018
Terms of leave and license agreement, along with other necessary information, are required to be examined in detail before arriving at some appropriate opinion. Better take help of some local lawyer in getting the case related documents examined for some definite advice.
