Property care-taker - not a tenant

Dear Querist,

A case quite similar to yours was before the Supreme Court a couple of days back. Here is the judgment. 

In a nutshell - it is always better to execute a leave and license agreement. However even without that - your friend occupies the property in the capacity of a care-taker enjoying custody (mind you not possession) of the property permissively. He can be ousted from the same by a simple suit for recovery, and even if you re-enter into property in his absense taking all his stuff out, he cannot sue you for recovery, because his possession is not possession in the eyes of law, for he holds the property only on your behalf and has no right/title/interest - however by way of abundant caution - do execute a fool-proof agreement. 

In any case (with or without agreement) you'd have to seek court's indulgence to get him out of the property if he refuses to do so. 

Thanks for your prompt reply and valuable suggestion.  I never knew about Leave and Licensee Agreement.  I will explore this and have a carefully worded Agreement.  Thanks Again.

Regards

Engineer1

Dear Bharat

referring to the Judgment of SC Maria Margadia Sequeria quoted herein above by you , can it be said that while a suit for possession is pending, trial court can award mesne profits  subject to owner putting a charge on his property for refund of the same in case he loses?