leave license

anish (Querist) 22 May 2009 This query is : Resolved
i have entered into leave license agreement with a limited company in Gujarat. The agreement expired on 30 th April. Company is not renewing the same.If i file a complaint with competent authority in Gujarat ( i think it is small causes court here) can court pass order for company to vacate the premises and pay me double the damages of license fees for the occupied period , the way it is in Maharashtra as decided by highcourt in a recent judgement in Maharashtra ? Or what is the course of action which i should take ?

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A V Vishal (Expert) 22 May 2009
Dear Anish,

Step 1: Issue a legal notice through your advocate.

Step 2: If the party vacates, well there is no problem, else, file a suit for eviction of the litigant licensee from the premises and damages for breach of license agreement, mental strain and expenses incurred towards the costs of litigation.

Manish Singh (Expert) 22 May 2009
there's no rule of double compensation for not evicting the premises. the court can levy upto maximum of 18 % interst in absence of contrary or other provisions under the agreement. if you have provided under the agreement that in case of non eviction the licensee shall pay you double of the amount of the rent then you can claim the same.
file a suit for eviction.

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