Leave &license agreement
Querist :
Anonymous
(Querist) 27 September 2021
This query is : Resolved
To
Senior experts
In one leave & License agreement (for 11 Months) of a shop the licensee insist on replacing of the word "License Fee" by the word "Rent".
I said the licensee that in that case we have to insert under mentioned clause :
" The provisions of West Bengal Premises Tenancy Act,1997 will not be applicable".
My logic behind inserting this clause is,
As the word "rent" mentioned in the agreement, by inserting this clause, in future the licensee will be prevented to file any suit under "West Bengal Premises Tenancy Act,1997".
Can you share your comment(s) on whether my view is correct or not ?
Regards
Abhijit
K Rajasekharan
(Expert) 27 September 2021
Yes, you are quite right.
He is trying to make it a lease by its substance, in order for him to challenge it in the court that it was essentially a lease rather a licence. Both licence and lease are conceptually quite different.
If it turns into a lease your ability to evict him from your promises will be quite difficult as the law that govern the lease is largely favourable to the tenant, as of now.
Querist :
Anonymous
(Querist) 28 September 2021
Thanks to Sir K Rajasekharan for strengthening my view by providing early reply.
Regards
Abhijit majumder
