Published On: Fri, Sep 23rd, 2011

Eviction order after expiry of Leave and Licence period

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By Chhaya Dhuri

A license is defined under Section 52 (Chapter VI) of the Indian Easement Act, 1882. The definition of license reads as follows:
“Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.”
Under Section 28 of the Registration Act, 1908, every document should be registered under Section 17 of the said Act, has to be presented for registration in the office of Sub-Registrar within whose sub-district the whole or some portion of the property to which such document relates is situate.
Under Section 55 (1) of the Maharashtra Rent Control Act, 1999, any agreement for Leave and License or letting of any premises entered into between the landlord and the tenant or the licensee as the case may be should be in writing and should be registered under the Registration Act, 1908.
The possession of a licensee is not a juridical possession but only an occupation with the premission of the licenser. While the actual occupation remains with the licensee, the control or possession of the property is with the licensor through his licensee.
Difference between Lease and Licence:
The Deed of Lease, under -lease or sub-lease creates an interest or transfer an interest in the property in favour of the Leasee during the period of lease; while license is only a permission to use or occupy or enjoy the premises and to do certain things or acts which otherwise will amount to trespass. Therefore an agreement of leave and license under no circumstances can be charged with stamp duty under Article 36 of Schedule I of the Bombay Stamp Act.”
The Licensor (Owner of the flat) can file an application for eviction under Section 24 of the Maharashtra Rent Control Act, 1999 if the Licensee not ready to vacate flat/premises after expiry of the Licence period.
In one of the High Court judgement Amit B. Dalal V/s Rajesh K. Doctor, the Writ Petition was filed by Petitioner under Sec. 24 of Maharashtra Rent Control Act 1999, the dispute was regarding flats given on leave and licence agreement but the said agreement not registered under registration Act. The competant authority directed petitioner to vacate the flat then Petitioner preferred revision which also rejected by Ld. Additional Commissioner, hence the Writ Petition filed in High Court issue was regarding effect of non registration of agreement of agreement of Leave and Licence – Leave and Licence agreement not required registration under Registration Act. Sec. 49 of registration Act, applicable only to documents u/s 17 of Registration Act or under Transfer of Property Act. Unregistered document which require registration u/s 55 of Registration Act can be read in evidence provided same is proved and same is otherwise admissible in evidence WP dismissed.
What does Sec.24 of Maharashtra Rent Control Act, 1999 says?:
Section 24: “Landlord entitled to recover possession of premises given on licence on expiry….
(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 Autority, and, the Competent Autority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.
(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 Autority 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.
(3) The Competent Autority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence. Explanation.For the purposes of this section,
(a) the expression “landlord” includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a subtenant who has given premises on licence;
(b) an agreement of licence in writing shall be conclusive evidence of the fact stated therein.”
The Rights of the Landlord/owner is protected by the said judgment.

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Displaying 8 Comments
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  1. Amit says:

    Sir, There is no any written document of license, What steps should be taken to evict the licensee? The purpose of license comes to end more than 20 years earlier. Please advise with applicable case laws/decision on the subject.

  2. Juber Khorajiya says:

    Respected Sir,

    There is any clause incorporate in Leave & License agreement to secure the premise regarding above issue,  licencor can be sign repossession letter by the licensee.

  3. M.D.SHARMA says:

    house given on leave and license basis, after expiry not vacated house than made m.o.u for sale with conditions which was not fulfiled by licencee even more time given by suplementory m.o.u. than decided and sold to this house to other person who have filed eviction case with competnet authority and won the case. licencc file revision pettion with addl. comm. which was also dismised. than he file pettion with high court where he got stay on the basis that he file case in district court for specific performence which also he lost. now what is to be done pl. advise

  4. anjali says:

    Respected sir,Iam staying in rented house with my brothers from last 45yrs ,all dues of sanad ,bills,repairing etc is paid By me,my landlord is expired and his legal heir are not having any evidence accept alotment reciept,Sir,My parents exptred and I am also now 50yrs ,the bluiding is going in redevelopment will I get ownership of flat,ple
    ase reply on mail id

  5. Vishal says:

    Respected sir,

    Leave & License agreement for period of 11 month is optional under Registration act  & Whether such agreement required registered under Mah. Rent Control Act or not ?

  6. G Irani says:

    Sir,
    I have given my house on LL to a lady. First for 22 mths LL registered, and on expiry I have again made another LL for another 22 mths, LL registered which is expiring on DEC 2014. Am I safe when I want to take possession of my house on expiry of LL agreement.
    Kindly guide.
    Thank you.

  7. Rajeev says:

    Sir, I have given my property in Mumbai on LL basis for 22 months.  Before the expiry of LL period the licensee has expired.  The licensee was single person and nobody was staying with him.  When the property was given on LL basis; we were informed that he (licensee) do not have any relatives.  However, on his demise we came to know that he has a brother and also wife and son.  During his funeral his (licensee’s) wife and son were not present and has never turned up yet. All the funeral rituals was done by licensee’s brother.  I tried connecting on the mobile number of deceased licensee’s brother but his is not turning up to take possession of the belongings of deceased licensee.  I do not his address nor the details of deceased wife and son. Now even the period of LL has expired.  Request you to let me know how can I take possession of my property.  Thanking you in advance for your valuable advice/inputs. Regards, Rajeev

  8. Rakesh says:

    Sir,
    I have rented my flat to one lady with her family in dec 2013 for 11 months.fist i made normal agreement with notary, later in weeks time i made new registered agreement with same lady. security deposit She paid 50% through cheque got bounced & one rent cheque that to bounced,Security deposit cheque no. is mention in registered & notary agreement and I have not received any rent till date. she had given in writing taht she will be vacating flat in 15th feb 2014 yet not vacated. I have given her hand written evacuation notice with notice period of one months that to expired.Now is not vacating flat 7 asking compensation of around 3 lac. what should i do, i’m afraid of filing case as do not know how much time it takes for final hearing & decision. Request for your guidance.

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