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

Detailed Legal Analysis

To recover possession of your property in Bokaro from a licensee who is refusing to vacate, you can file a suit for recovery of possession under the provisions of the Specific Relief Act, 1963, and the Indian Easements Act, 1882.

Here are the steps you should follow:

• Understanding the Nature of License: A license is a permission granted by the property owner (licensor) to another (licensee) to do something on the property that would otherwise be unlawful. According to Section 52 of the Indian Easements Act, 1882, a license is not an interest in the property.
• Serve a Notice: Before initiating legal proceedings, it is advisable to serve a notice to the licensee, asking them to vacate the property. This notice should specify the reasons for termination of the license and provide a reasonable time frame for the licensee to vacate.
• Grounds for Termination: Ensure that the grounds for termination of the license are valid. Under Section 60 of the Indian Easements Act, a license can be revoked at any time unless it is coupled with a grant or has been made irrevocable by contract.
• File a Suit for Recovery of Possession: If the licensee fails to vacate after the notice period, you can file a suit for recovery of possession in the appropriate civil court. The relevant provisions are found under Section 5 of the Specific Relief Act, 1963, which allows for the recovery of possession of immovable property.
• Prepare Your Case: Gather all necessary documentation, including the license agreement, any correspondence with the licensee, and evidence of your ownership of the property. This documentation will support your claim in court.
• Legal Representation: Consider hiring a lawyer specializing in property law to assist you with the legal proceedings. This will help ensure that your case is presented effectively.
• Court Proceedings: The court will evaluate your submissions and may issue a decree for possession if it finds in your favor. Be prepared for possible defenses that the licensee might raise.
• Execution of Decree: If the court rules in your favor, you may need to apply for the execution of the decree to obtain physical possession of the property, which may involve the local authorities or police.

By following these steps, you can effectively recover possession of your property from the licensee in Bokaro.