Leave & License

Querist : Anonymous (Querist) 26 March 2010 This query is : Resolved
* May I have the format of Leave and License agreement?

* Does owner has the right to throw out tenant's stuff if Leave and License expires? This should be possible because Tenant is considered as trespaser after expiry of Leave and License.

* Can Police evict the tenant in case of Leave & License or only court (like in case of Lease)?

* If court has to be approached even in case of Leave and License then how Leave and License gives every rights to the owner to evict the tenant, than in case of Lease?

* Are the decisions from court faster in case of Leave and License agreements? This might also mean that court case is a matter of formality because tenant has no right to live in the property after expiry of Leave and License.

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niranjan (Expert) 26 March 2010
Owner cannot throw out the licensee on expiry of the agreement.The possession of the licensee was legal and so the owner has to file the suit for recovery of his premises.Even if the agreement is named as leave and licence agreement,yet it may have ingredients of lease deed.

Kumar Thadhani (Expert) 28 March 2010
The owner can evict the tenanant by filing suit for recovery of the premises.THE TENANT CANNOT in strict terms be trepassers to the owner's property so far the terms and conditions implied in the leave and license agreement.

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