LEAVE AND LICENSE

Querist : Anonymous (Querist) 19 February 2010 This query is : Resolved
Subject : QUERY ON LEAVE LICENSE
Message :
I HAVE A FLAT AT NASHIK ON LEAVE AND LICENCE AGREEMENT WHICH WAS NOT REGISTERED/STAMP DUTY NOT PAID AND HAS EXPIRED. THE OWNER HAS NOT PAID COMPENSATION SINCE 6 MONTHS BARRING A SMALL AMOUNT 15 DAYS BACK. HOW CAN I EVICT HIM.WHAT SHOULD BE THE COURSE OF ACTION. PLEASE ENLIGHTEN

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Parveen Kr. Aggarwal (Expert) 19 February 2010
If the Leave and Licence Agreement is not duly stamped and registered, it will not be read for determining the conditions of the agreement. However, it may be read for collateral purposes including the nature of possession of the licensee.

In the given situtation, you must serve a notice to quit on the the licencee together with demand of money payable by him. On his failure to comply with the notice, you should file a suit for possession and recovery of the arrears of licence money.

Kumar Thadhani (Expert) 22 February 2010
File asuit for eviction and demandof money payable by the lessee.

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