There is no reason why they should refuse to evacuate the rental property after the end of the rental period. You can sue for eviction, in fact even in a leave and licensing agreement, if they refuse to evacuate, you may have to follow the ordinary legal procedure for their eviction and will not be able to throw it away as you wish. The question of whether a specific agreement on the occupancy of a property is a lease agreement or a withdrawal and licensing agreement has been the subject of numerous court decisions and it has been found that different contractual clauses are read as a whole to determine whether it grants vacation and licensing rights or whether it creates a lease agreement. Simply assigning the Title as Leave and License to your contract does not lead to it leaving and licensing agreement, unless the clauses in the agreement also respect the terms of withdrawal and license and do not grant any rental rights. Section 105 of the Property Transfer Act, 1882 defines a rental of a property as a transfer of a right to Dener for a specified or permanent period, taking into account a price paid or promised or a portion of the estate, a share of crops, services or something of value to be provided periodically or on certain occasions to the purchaser by the purchaser who accepts the transfer on these terms. The transferor is designated as the owner and the buyer as the tenant. The price is called the premium and money, the action, the service or something else that needs to be rendered so, the rent is called. “… Where a document confers only the right to use the property in a particular way or under certain conditions, while it remains in possession and under the control of the owner`s owner, it is a licence. The legitimate property still belongs to the owner of the property, but the licensee may use the premises for specific purposes. But for the authorization, its occupation would be illegal. It does not create interest in the property in its favor. Under licensing agreements, when real estate is sold to another party, the contract ends immediately.
There is also no legal notice, although such notice is generally provided for in such contracts to ensure fair treatment of the parties. Most leases and licenses also do not provide for a lock-in period, i.e. the licence can be terminated without authorization and the parties are not “blocked” by the agreement for a fixed period of time. The concept of a licence was defined in Section 52 of the Indian Easement Act of 1882: “When a person confers on another person or a number of other persons the right to do or continue to do something on or on the ground of what would be illegal in the absence of such a right and such a right does not constitute relief or interest in property. , the right is referred to as “licence” The licensee must not make any changes to the property and the licensee must, after the expiry or withdrawal of the licence, remove the property granted by the licensee. As a general rule, 30 days` notice is provided for the licensee and the licensee to give both parties sufficient time to enter into alternative agreements. Since the licence is granted to certain persons designated as licensees, the licensee is no longer allowed to create a sublease.