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

Detailed Legal Analysis

To recover possession of your property in Vasco da Gama from a licensee who is refusing to vacate, you can initiate legal proceedings under the Indian law pertaining to licenses and property rights.

In India, a license is a permission granted to use the property, and it does not create an interest in the property. If the licensee refuses to vacate, you can terminate the license and seek recovery of possession through the following steps:

• Serve a Notice: Send a formal notice to the licensee indicating the termination of the license. This notice should specify the grounds for termination and provide a reasonable time frame for the licensee to vacate the premises.
• File a Suit for Recovery of Possession: If the licensee does not vacate after receiving the notice, you can file a suit for recovery of possession in the appropriate civil court. This is governed by the provisions of the Specific Relief Act, 1963, particularly Section 39 which allows for recovery of possession of immovable property.
• Grounds for Eviction: In your suit, you can establish the following grounds:
  • The license has been terminated.
  • The licensee is in unauthorized occupation post-termination.
• Summary Procedure: In some cases, you may also consider filing a summary suit under Order 37 of the Code of Civil Procedure, 1908, if the circumstances justify a quicker resolution.
• Maintain Documentation: Ensure you have all relevant documents, including the original license agreement, correspondence regarding the termination, and any other evidence supporting your claim.

It is essential to note that the eviction of a licensee is typically quicker and more straightforward than that of a tenant, as the law considers a licensee to have no estate in the property. If the situation escalates, you may also approach the police for assistance, particularly if unlawful occupation is involved.

Always consult with a legal professional to ensure that your actions comply with current laws and regulations, and to receive tailored advice for your specific situation.