This is Ibrahim Deshmukh, basically from Maharashtra currently in Kuwait, says you Hello !
1) First and foremost, For a common man to understand
A rental agreement is also referred to as a tenancy Agreement / lease agreement. In such type of agreements, there is a transfer of interest in the premises from the lessor (Landlord) to the lessee (Tenant).
Whereas in case of a leave and licence agreement, there is no transfer of interest, but only a permission (i.e. License) is granted to use (occupy) the premises.
However, when the premises is given on tenancy Agreement (rental Agreement), then eviction of the tenant becomes harder for the landlord and he has to resort to the relevant provisions of the Rent Act to vacate his premises and being a civil suite it takes longer to evict tenant.
Under Section 52 of the Indian Easement Act the definition of License is clear. Every license is governed by the provisions under this Act. When any property is given on leave and license, the agreement is known as leave and license agreement.
In case the property is given under a leave and license agreement, it can be terminated according to the terms of the agreement, and the owner can demand the possession back from the licensee within a shortest method and the matter is decided simply by the relevant Competent Authority. Competent Authority is designated by State Govt to perform the duties of a judge
The above is for a common man to understand :
2) For our learned colleagues, the legal terminology, as far as Leave & Lisence Agreements in Maharashtra are concerned, it goes as under:
Under The Maharashtra Rent Control Act, 1999, (MAH. ACT NO. 18 OF 2000) came into effect from 31 March 2000, under Section 24. Landlord entitled to recover possession of premises given on licence on expiry.
Section 24 Sub-section (1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, by making an application to the Competent Authority, and, the Competent Authority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.
Section 24 Sub-section (2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Authority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.