Tuesday 14 October 2014

EVICTION ORDER AFTER EXPIRY OF LEASE AND LICENCE PERIOD

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

A license is outlined beneath Section 52 (Chapter VI) of the Indian Easement Act, 1882. The definition of license reads as follows: “Where one person grants to a different, or to an exact range of different persons, a right to try and do, or still do, in or upon the stabile property of the granter, one thing which might, within the absence of such right be unlawful, and such right doesn't quantity to an easement or an interest within the property, the proper is named a license”.
 
Under Section 28 of the Registration Act, 1908, each document ought to be registered beneath Section seventeen of the aforementioned Act, must be given for registration within the workplace of Sub-Registrar at intervals whose sub-district the entire or some portion of the property to that such document relates is situate.

Under Section 55 (1) of the geographical region Rent management Act, 1999, any agreement for Lease and License or letting of any premises entered into between the owner and also the tenant or the licensee because the case is also should be in writing and may be registered under the Registration Act, 1908.

The possession of a retail merchant isn't a juridical possession however solely associate degree occupation with the permission of the licensor. Whereas the particular occupation remains with the retail merchant, the management or possession of the property is with the licensor through his retail merchant.

Difference between Lease and Licence: The Deed of Lease, beneath lease or sub-lease creates associate degree interest or transfer of an interest within the property in favor of the tenant throughout {the period|the quantity} of lease; whereas license is simply a permission to use or occupy or get pleasure from the premises and to try and do bound things or acts that otherwise can amount to trespass. so an agreement of lease and license beneath no circumstances is charged with stamp tax beneath Article thirty six of Schedule I of the urban center Stamp Act”.

The Licensor (Owner of the flat) will file an application for eviction beneath Section twenty four of the maharashtra Rent management Act, 1999 if the retail merchant isn't able to vacate flat / premises once expiration of the Licence amount.

In one among the court judgement Amit B. Dalal V/s Rajesh K. Doctor, the judicial writ Petition was filed by Petitioner beneath Sec. twenty four of geographical region Rent management Act 1999, the dispute was concerning flats given on lease and licence agreement however the aforementioned agreement not registered beneath registration Act. The competent authority directed petitioner to vacate the flat then Petitioner most popular revision that conjointly rejected by Ld. extra Commissioner, thus the judicial writ Petition filed in court the problem was concerning impact of non registration of agreement of Lease and Licence. Lease and Licence agreements don't need registration beneath 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 that need registration u /s 55 of Registration Act is scan obvious provided same is tested and same is otherwise admissible  obvious. WP discharged.

What will Sec.24 of geographical region Rent management Act, 1999 says? : Section 24: “Landlord entitled to recover possession of premises given on licence on expiration....
 (1) nevertheless something contained during this Act, a retail merchant in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landholder on expiration of the amount of licence; and on the failure of the retail merchant to therefore deliver the possession of the commissioned premises, a landholder shall be entitled to recover possession of such premises from a retail merchant, on the expiry of the amount of licence, by creating an application to the Competent Authority, and, the Competent Authority, on being happy that the amount of licence has expired , shall pass an order for eviction of a licensee.


(2) Any retail merchant who will not deliver possession of the premises to the landholder on expiration of the amount of licence and continues to be in possession of the commissioned premises until he is homeless by the Competent Authority shall be liable to pay damages at double the rate of the licence fee or charge of the premises mounted beneath the agreement of licence.

(3) The Competent Authority shall not entertain any claim of no matter nature from the other one who isn't a retail merchant consistent with the agreement of licence. Explanation: For the needs of this section, (a) the expression “landlord” embraces a successor-in-interest who becomes the owner of the premises as a results of death of such landlord; however doesn't include a tenant or a sub-tenant who has given premises on licence; (b) an agreement of licence in writing shall be conclusive proof of the actual fact explicit  therein”. The Rights of the owner / owner is protected by the aforementioned judgment.


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