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

Detailed Legal Analysis

To recover possession of your property in Imphal 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.

In India, a license is generally revocable and does not confer any title or interest in the property. If the licensee has overstayed beyond the agreed terms of the license, you can seek eviction through the following steps:

• Check the License Agreement: Review the terms of the license agreement to determine the duration of the license, the conditions for termination, and any notice requirements.
• Serve a Notice: If the license is revocable, serve a legal notice to the licensee, demanding them to vacate the premises. This notice should clearly state the reason for termination of the license and the time frame within which the licensee should vacate.
• Cite Relevant Provisions: Under Section 52 of the Indian Easements Act, 1882, a license may be revoked at any time unless it is coupled with a grant. If the licensee does not comply with the notice, you can proceed to the next step.
• File an Eviction Suit: If the licensee fails to vacate after receiving the notice, you may file a suit for eviction in the appropriate civil court under the Code of Civil Procedure, 1908. This is typically the District Court in Imphal.
• Seek Summary Proceedings: Depending on the nature of your case, you may seek summary proceedings for eviction under the provisions of the Specific Relief Act, 1963, which allows for quick resolution in cases of urgent need.
• Prepare for Court Hearing: Gather all necessary documents, including the license agreement, proof of notice served, and any correspondence with the licensee. Be prepared to present your case before the judge.
• Obtain a Decree: If the court is satisfied with your case, it will issue a decree for eviction, allowing you to regain possession of your property.
• Execute the Decree: After obtaining the decree, if the licensee still refuses to vacate, file an execution application with the court to enforce the order through local authorities, if necessary.

It is advisable to consult with a legal professional who can guide you through the process and represent you in court if required.