This article is written by Mayank Labh, a student of NALSAR and Pragya, a student of BVP Pune.
Are you a helpless Licensor whose Licensee is neither paying the rent nor leaving your house? Do you really want to know the reason why? It is because you are ignorant of the law, didn’t draft your leave and license agreement well and now you must have realized that ignorance is not always bliss. See how you have to endure sounds of loud hammering and drilling at all hours of day and night. It seems like “seems to me a perfect tenant” is not so perfect. But it’s better late than never. What recourse do you have to make tenant leave?
Beat the shit out of him!
This is the best option you have. Consult a good lawyer who is an expert in Contract Act and Transfer of Property Act. Make him draft an excellent legal notice for eviction. For example: – If you’re not going to pay my client within 15 days, my client will be forced to take legal actions against you. This will scare your licensee’s guts and he will be forced to vacate your house due to the fear of Court proceedings!
Call the Police!
Nope. It is a civil matter and there is something called jurisdiction which does not allow police to interfere in civil matters. Police could only come when your licensee is indulging in some illegal activities in your premises. But your licensee is simply not paying the rent and still living in your house, I guess? Find out about the activities of your licensee and if you succeed in finding out some hidden secrets, call the police and they will take care of the rest.
Go to Competent Authority
Confused? If you’re planning to approach the Small Cause Court, do NOT do so. Remember that the relationship between you and whomever you’ve kept in your house is not of Landlord and Tenant. It is of a licensor and licensee. So, there is a bar on the jurisdiction of Small Causes Court[1]. Directly approach the High court (In case you’re thinking I’m saying so then it’s a big NO, it’s the High Court which is saying so.)[2]
What if you are not satisfied with the judgement?
If you are not satisfied with the judgement you can go to the Supreme Court. I know it takes a lot of time but do remember that “The wheels of justice turn slowly, but grind exceedingly fine.” Still not satisfied with SC judgement, boss, something must be wrong with you!
[1]Section 19, Presidency Small Causes Court Act, 1882.
[2] Govindram Salamatrai and Anr. vs Dharampal Amarnath and Anr, AIR 1951
