Legal Question in Landlord & Tenant Law in India

i own 2 shops and now i wish to lease out my second shop too.

A person unknown to me has approached me and he wishes to open a retail franchissee outlet .my question is ,if after 3 yrs of lease term the person does not vacate my shop even if i register the leave and license agreement

what are my options

1) he does not vacate ,but continue to pay me the rents ?

2)he does not vacate and neither pays me

is my case strong enough to ask for vacant possession from my tenant as iam a taxpayer and i register the deed and clear all my property/maintenance dues on time ...please clarify


Asked on 8/22/12, 8:42 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

23.08.2012

Dear Sir / Madam,

An Agreement for Leave and License (ALL) is time bound and is entirely different from tenancy rights. In your case, the person to whom you are giving possession for fixed time user is your Licensee and is not your Tenant. If you have paid the prevailing Stamp Duty and registered the ALL, the licensee has no other choice but to handover vacant possession of the shop to you as soon as the period mentioned in the ALL is over.

To safeguard yourself as the Owner, do not include any clause / provision for further renewal in the ALL, but make it a one time fixed period user right only. You should serve the Licensee with the prescribed notice to vacate the shop at the end of the Leave and License.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 8/23/12, 5:14 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

If you have a registered & properly stamped Leave Licence Agreement it is regarded as a prima facie evidence in court. If he doesnot vacate after time prescribed in Agreement you will have to file a case and get a court order for evicting him.

1)In first case you should not accept rent from him for making your case strong.

2)In second case he is a trespasser and you have a strong case.

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Answered on 9/06/12, 10:57 pm


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