I gave a licence to use my property in Mangalore but the licensee is refusing to vacate, how can I recover possession?
PA Asked by Parul Banerjee from India
Quick Answer
A licence is a personal permission to use the property and does not create any interest in the property.
Detailed Legal Analysis
A licence is a personal permission to use the property and does not create any interest in the property. In Mangalore, a licensee does not have the protection of the rent control law and can be evicted by terminating the licence.
The Karnataka High Court has upheld the right of the licensor to recover possession from a licensee by filing a suit for possession. Karnataka Rent Control Act 1999 may prescribe the procedure for filing a suit for possession against a licensee.
You must serve a notice on the licensee terminating the licence and directing him to vacate. If the licensee fails to vacate, you can file a civil suit for possession in the competent court.
The court will issue notice to the licensee and afford an opportunity to contest. If the court is satisfied that the licence has been validly terminated, it will pass a decree for possession.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.