Possetion
Vinod R Kolkhede
(Querist) 03 September 2012
This query is : Resolved
Dear Sir/Madam
If someone makes an agreement of Leave and Licence for 11 months (normally it should be). After 11 months if tenant is not ready to leave the house, then what perfect legal action we can take against tenant. Because if we file the criminal
case for illegal tresspass then police does not take it and says that it is
civil matter.
If we file the civil suite for possetion then it will go for long time.
While making any agreement whether we need to mention that tenant has to leave the house after 11 months then certain
condition will not arise.
Please advice what suitable action we can take as per criminal law and civil law.
ajay sethi
(Expert) 03 September 2012
leave and licence agreement must contain penal clauses . if licensee fails to vacate then he will have to pay rs _______ per day till he vacates posession .
in addition take hefty security derposit .
have agreement regsitered . issue legal notice and take legal proceedings to get tenant evicted
ajay sethi
(Expert) 03 September 2012
Tenants need to vacate on expiry of contract: Bombay HC
Shibu Thomas, TNN Sep 21, 2008, 02.48am IST
MUMBAI: Getting a stubborn tenant evicted has been the pet peeve of flat owners in Mumbai. In a recent judgment that will come as a relief to flat owners who let out their premises, the Bombay High Court has held that a person who enters into a leave-and-licence contract has to vacate the apartment on the expiry of the agreement.
Justice A M Khanwilkar refused to grant any relief to a city resident who had claimed tenancy rights over a sprawling apartment in Bandra on the ground that the owner had not asked her to vacate the place. The court also asked the petitioner to pay Rs 36,000 a month as compensation (double the monthly rent) till the time she hands over possession of the flat back to the owner.
"The petitioners were obliged to vacate the suit premises on expiry of the licence period," said the judge. The case relates to a sprawling 9,509-square-foot flat along with two car-parking spaces in Victoria Apartment, St Alexious Road, Bandra, owned by Mohammed Hussain Furniturewalla. He had signed a leave-and-licence agreement with one Parineeta Chaudhari for a monthly rent of Rs 18,000 in March 2003 for a period of 22 months.
After the expiry of the lease period in January 2005, Chaudhari continued to stay in the apartment and even filed a suit for declaring her as a tenant.
Advocate Mubin Solkar, counsel for the petitioner, pointed out the 11-month delay in filing the application for eviction. Under Section 24 of the Maharashtra Rent Control Act, if the licensee fails to vacate the premises at the end of the agreement, the owner can move the authorities to get the flat vacated. According to Solkar, the flat owner had not only failed to issue any eviction notice for 11 months but had also continued to accept the rent.
The judge did not agree with this view. "That the owner continued to accept the monthly compensation after the licence period was over, or for that matter, did not issue any legal notice to the petitioners does not go against the owner," the judge said.
ajay sethi
(Expert) 03 September 2012
Sec.24 of Maharashtra Rent Control Act, 1999 says?:
Section 24: “Landlord entitled to recover possession of premises given on licence on expiry….
(1) Notwithstanding anything contained in this Act, a licensee in possession or occupation of premises given to him on licence for residence shall deliver possession of such premises to the landlord on expiry of the period of licence; and on the failure of the licensee to so deliver the possession of the licensed premises, a landlord shall be entitled to recover possession of such premises from a licensee, on the expiry of the period of licence, by making an application to the Competent Autority, and, the Competent Autority, on being satisfied that the period of licence has expired, shall pass an order for eviction of a licensee.
(2) Any licensee who does not deliver possession of the premises to the landlord on expiry of the period of licence and continues to be in possession of the licensed premises till he is dispossessed by the Competent Autority shall be liable to pay damages at double the rate of the licence fee or charge of the premises fixed under the agreement of licence.
(3) The Competent Autority shall not entertain any claim of whatever nature from any other person who is not a licensee according to the agreement of licence. Explanation.For the purposes of this section,
(a) the expression “landlord” includes a successor-in-interest who becomes the landlord of the premises as a result of death of such landlord; but does not include a tenant or a subtenant who has given premises on licence;
(b) an agreement of licence in writing shall be conclusive evidence of the fact stated therein.”
The Rights of the Landlord/owner is protected by the said judgment.
R.K Nanda
(Expert) 03 September 2012
File eviction suit against tenant.
