Master the Science Behind Firearm Evidence. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

abhijit majumder (practicing company secretary)     17 July 2026

Occupy garage and subsequent refuse to vacate

Sir

My neighbour gave his garege to a person(being a driver who provide service on hire to any one) to reside with his family without any rent, on the request of that person.The request came from that person which is "as he had no place to stay in the city (he had house in rural area) for his work as driver  he required a place in this city."

My neighbour never raise any claim of rent.Even electricity  charge also bear by my neighbour.

Now after 2 years when my neighbour request him to vacate garage , the person just refused to obey on the basis of some futile ground.

How can my neighbour will remove him from his garage.

As he is not a tenant has he any legal right?

Abhijit



 2 Replies

T. Kalaiselvan, Advocate (Advocate)     17 July 2026

The driver is legally considered a licensee, not a tenant. Because there was no agreement to pay rent and the property was given out of pure goodwill, no tenancy was created.

A license is a permission to occupy premises for a specific purpose. Once that permission is revoked by the owner, the driver's continued stay becomes illegal, making him a trespasser. He does not enjoy the legal protections given to tenants under rent control or eviction laws.

Before approaching the court, your neighbour should have a lawyer draft and send a formal Legal Notice for Revocation of License and Vacating the Premises.

If the driver ignores the notice, your neighbour will need to file a civil lawsuit in the local court for the following reliefs:

Mandatory Injunction: A court order directing the driver to remove his belongings and vacate the premises.

 

Recovery of Possession: To legally hand the physical property back to the owner.

Damages/Mesne Profits: To charge the driver for every day he illegally occupies the garage past the notice deadline.

Your neighbour must absolutely avoid trying to physically lock the driver out, cut off the electricity, or throw his belongings onto the street by force. In many legal jurisdictions, even a trespasser cannot be dispossessed without "due process of law.

Your neighbour should consult a local property lawyer immediately to issue the formal notice, as setting the exact legal tone early on is the fastest way to resolve this.

abhijit majumder (practicing company secretary)     17 July 2026

 

First I provide my sincere thanks to Sir T.Kalaiselvan. for elaborately discuss the matter alongwith probable consequences.

I think my neighbour has to face a lengthy legal procedure  and harasment due to his emotional decision regarding for providing garage to a needy person.

This is a very disturbing truth

Regards

Abhijit


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register