I gave a licence to use my property in Alwar but the licensee is refusing to vacate, how can I recover possession?

Detailed Legal Analysis

To recover possession of your property in Alwar from a licensee who is refusing to vacate, you can initiate legal proceedings for eviction under the provisions of the Indian law governing licenses and property rights.

Under Indian law, a license is a permission granted to use another person's property in a manner that would otherwise be illegal. The relationship between the licensor (you) and the licensee is not that of landlord and tenant, which simplifies eviction procedures. You can follow these steps to recover possession:

• Determine the nature of the license: Ensure that the license is revocable and that there is no tenancy created. The Indian Easements Act, 1882, Section 52 states that a license is revocable unless it is coupled with an interest.
• Provide a notice to the licensee: Send a written notice to the licensee to vacate the property. This notice should clearly state the reason for revocation of the license and provide a reasonable time frame for vacating the premises. Although not legally required, it is advisable to keep a record of this communication.
• File a suit for recovery of possession: If the licensee does not vacate the property after the notice period, you can file a suit for recovery of possession under the relevant provisions of the Specific Relief Act, 1963. Section 34 of this Act allows for the recovery of possession of immovable property.
• Seek interim relief: In your suit, you can also seek interim relief for maintaining status quo, depending on the urgency of your situation.
• Engage legal representation: It is advisable to hire a lawyer who specializes in property law to assist you in filing the suit and navigating the legal proceedings.

Additionally, remember that under the provisions of the Code of Civil Procedure, 1908, you may seek a summary procedure for recovery of possession if the facts are straightforward. The court will assess the evidence and may issue a decree for eviction if your claim is valid.

In conclusion, taking these steps will help you recover possession of your property from the licensee in Alwar legally and effectively.