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

Detailed Legal Analysis

To recover possession of your property in Bikaner from a licensee who is refusing to vacate, you can initiate legal proceedings under relevant provisions of the Indian law.

In India, a license is a permission given to a person to do something on the property of the licensor that would otherwise amount to a trespass. The key legal framework governing licenses is the Indian Easements Act, 1882. Specifically, the license can be revoked, and the licensor may seek recovery of possession if the licensee refuses to vacate the premises after the license has been revoked.

The following steps can be taken to recover possession:

• Revocation of License: Formally revoke the license granted to the licensee. This can be done by providing a written notice to the licensee, stating the reason for revocation. Under Section 60 of the Indian Easements Act, a license can be revoked at any time unless it is coupled with an interest.
• Notice Period: Ensure that you provide adequate notice as per the terms of the license agreement. If the agreement does not specify a notice period, a reasonable time frame should be given for the licensee to vacate.
• Filing a Suit for Recovery of Possession: If the licensee does not vacate after the notice period, you may file a civil suit for recovery of possession under Section 9 of the Specific Relief Act, 1963. This section allows a licensor to seek recovery of possession from the licensee when the license has been revoked.
• Summary Proceedings: You can opt for summary proceedings under Order 37 of the Code of Civil Procedure, 1908, if the case is suitable for such proceedings. This will expedite the process.
• Seek Eviction Order: In case of non-compliance, you can also file for an eviction order in the relevant civil court. The court will issue a decree for possession if it finds merit in your case.

In any proceedings, it is crucial to maintain proper documentation of the license agreement, notices sent, and any communication with the licensee. Engaging a legal expert specializing in property law can also assist in navigating the process effectively.