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

Detailed Legal Analysis

If a licensee refuses to vacate your property in Dehradun after the expiry or termination of the license, you can recover possession through a legal process under the Indian law.

In India, the relationship between the licensor and licensee is governed by the Indian Easements Act, 1882, specifically Section 52, which states that a license is revocable at the will of the licensor unless it is coupled with an interest. Here are the steps to recover possession of your property:

• Determine License Status: Confirm the terms of the license agreement to establish whether it was for a fixed term or terminable at will.
• Issue a Notice: Send a formal notice to the licensee, informing them of the termination of the license and requesting them to vacate the premises. This notice should preferably be sent via registered post to maintain proof of communication.
• Wait for Compliance: Allow the licensee a reasonable time to comply with the notice, typically 15 to 30 days, depending on the circumstances of the agreement and local practices.
• File a Suit for Eviction: If the licensee refuses to vacate after the notice period, you can file a suit for eviction in the appropriate civil court, typically under the provisions of the Code of Civil Procedure, 1908. The relevant sections to consider include:
• Section 9 - Jurisdiction of civil courts to try suits.
• Section 43 - Discretion of courts in issuing temporary injunctions.
• Order VII - Requirements of a plaint, which outlines the necessary details in your petition.
• Seek Summary Proceedings: If the licensee's possession is unlawful, you might consider seeking summary proceedings which can expedite the eviction process.
• Obtain a Decree: Once the court rules in your favor, obtain a decree for eviction and, if necessary, seek help from the local police to enforce the eviction order.
• Consider Mediation: Before proceeding with litigation, consider mediation as a potential way to resolve disputes amicably, as per the Commercial Courts Act, 2015, which encourages alternative dispute resolution.

It is advisable to consult with a lawyer specializing in property law to ensure that you follow the correct legal procedures and to represent your interests effectively in court.