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

Detailed Legal Analysis

To recover possession of your property in Mumbai from a licensee who is refusing to vacate, you can initiate legal proceedings under the provisions of the Indian Easements Act, 1882, and the relevant procedures in the Code of Civil Procedure, 1908.

Here are the steps you should follow:

• Check the License Agreement: Review the terms of the license agreement to ascertain the duration of the license and any specific termination clauses.
• Issue a Notice: Send a formal notice to the licensee, informing them of the termination of the license. This notice should clearly state the reasons for termination and request them to vacate the premises within a specified time frame (usually 15 days).
• Grounds for Termination: Ensure that you have valid grounds for termination, which can include non-payment of license fees, violation of terms, or expiration of the license period as per Section 60 of the Indian Easements Act, 1882.
• File a Suit for Recovery of Possession: If the licensee does not vacate the property after receiving the notice, you can file a suit for recovery of possession under Section 35 of the Specific Relief Act, 1963. This is a summary procedure that allows for quick resolution.
• Prepare Required Documents: Gather necessary documents, including the original license agreement, proof of payment of license fees, the notice served, and any correspondence with the licensee. These will be crucial for your case.
• Engage Legal Counsel: It is advisable to engage a lawyer who specializes in property law to help you navigate the legal process effectively and represent your interests in court.
• Attend Court Hearings: Attend all court hearings as scheduled. The court will assess the evidence presented and may issue an order for the licensee to vacate the property.
• Execution of Court Order: If the court rules in your favour and the licensee still refuses to vacate, you can seek assistance from the local authorities for the execution of the eviction order.

In summary, recovering possession from a licensee involves reviewing the license agreement, issuing a notice, potentially filing a suit for recovery of possession, and following through with legal proceedings, as outlined in the Indian Easements Act, 1882 and the Specific Relief Act, 1963.