Ejectment of licencee.
Law in nutshell.
- No rent fixed. It is not a lease.
It is a license only. - When there is license, no need to give notice under section 106 of TP Act for termination of tenancy before for filling of the suit for ejectment.
- After the license is terminated, the possession of licensee becomes like that of a trespasser.
- For ejectment of licensee mere suit for mandatory injunction is sufficient.
Suit for possession need not to be filed.
(relied – Sant Lal vs Avrat Singh AIR 1985 SC 897)
- Joint property can be lease out jointly by all the co-sharers. If leased out by one of the co-sharer of joint property it is not valid.
The possession of such person shall be of a trespasser and unlawful.
- A tenant who has been forcibly ejected can file suit to get back possession under section 6 of specific Relief Act
(Relied- Lalli Yashwant vs Row Jagdish AIR 1968 S.C. 62)
2022 (154) ALR 649
Sadrey Allam vs Raam Avad