'Lease' vs 'Leave and License Agreement'
Mohamed
(Querist) 21 June 2017
This query is : Resolved
1- Difference between both the Agreements
2- During the expiry of Leave and License arrangement, though not given the possession to the Licensee, he vacated premise by returning the key without any OBJECTION and nothing gave in written to the Licensor as there was no Secuity Deposit to return to the Licensee.
Now, Licensee filed a complain in the Police station saying that the Licensor has tresspassed to his premise and had taken possession without his consent,
whereas his some valuables are missing for which, according to him, the Licensor are held responsible and whereas Licensee claims that he was paying monthly RENT and not any Usage fee, thereby indirectly claiming that he is on lease, which all is contrary to what is stated in our 'License Agreement' and to the fact.
Will the Licensor be liable for his fake loss, though there was no Possession given to him? Please help!
Mohamed
(Querist) 21 June 2017
Additional info: Since it was a short period purpose, it was a License arrangement for 11 months. Usage fee was paid monthly. Receipts given as monthly Usage Fee. No Security Deposit present. Possession was not given, it was specifically mentioned in L&L Agreement that Licensee is merely allowed to use and occupy the premise and no interest or possession is given to him. But it was not Registered.
Mohamed
(Querist) 21 June 2017
Additional info: Since it was a short period purpose, it was a License arrangement for 11 months. Usage fee was paid monthly. Receipts given as monthly Usage Fee. No Security Deposit present. Possession was not given, it was specifically mentioned in L&L Agreement that Licensee is merely allowed to use and occupy the premise and no interest or possession is given to him. But it was not Registered.
Dr J C Vashista
(Expert) 21 June 2017
Unbelievable story for academic question.
Rajendra K Goyal
(Expert) 21 June 2017
Show the agreement to local lawyer.
If FIR has been lodged by the police, go for anticipatory bail and oppose the claim on merits.
Kumar Doab
(Expert) 22 June 2017
As suggested by Mr. Rajendra K Goyal show all case papers to your very able local senior counsel of unshakable repute and integrity specializing in such/civil matters, for a considered opinion and proceed under expert advice of your counsel.
Your counsel can help you to contest the complaint on merits.
Guest
(Expert) 23 June 2017
That person must be professional crook. Need to check documents and you indeed need good Adv to deal with him. For such person police station and court are park and you new fresher .
Second thing just giving complaint to police station is of no use proper FIR is required to prepared by police dept. Generally when any one goes to police station they just take details in one book which is like day book who visited police station for what purpose and what he said etc .this police department does to reduce their load because such book is useful for internal administration purpose but no FIR is filled so they are not obliged to work on that case .
So take adv and visit police station to find exactly what he has done and let local Adv examine documents
