• Licencee not giving licence fee on time

I have entered in a Leave Licence agreement of 12 months with a lady and also registered the same.She has given 6 cheques as advance licence fees .Two have bounced .She has give Cash in leu of one cheque.For the other she says it will take another 3 weeks.She is giving a reason of financial constraint.I stay in Mumbai and the leesed property is in Pune.It is very diffcult for me to go now and then to Pune so an arrangement has been made for cheques and agreed by us. I am afraid the after the first six cheques are over she will not pay me nither she will vacate my premise. Please advice what should be the steps taken by me to ensure safty of my property ?Can I lodge a complaint or a Court case in this matter in Mumbai?
Asked 2 years ago in Civil Law from Mumbai, Maharashtra
what does your liscence agreement says about non payment of amount
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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1) you will have to terminate the leave and license agreement if license fails to pay  rent on time . please check the provisions of your leave and license agreement for termination clause . generally there is a clause that if licensee fails to pay rent on time then agreement can be terminated by issue of one month notice 

2) if licensee fails to vacate premises in spite of notice eviction suit will have to be filed in Pune only . since property is situated in Pune file eviction suit in Pune
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
in this case just give legal notice and terminate liscence
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can give a seperate notice for cheque bouce and pressurise him to leave the house or be ready to face action under 138NI
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can give notice for termination of license . mention that licensee has failed to make payment on or before 10th   of every month as provided in contract .. if in spite of notice licensee fails to vacate file suit for eviction .
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
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you can also issue notice under section 138 Ni  on account of dishonour of cheque
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
If the cheque has bounced then issue a lawyer's notice to her for cheque bounce. If she fails to pay the amount covered by the cheque even after the legal notice the you may file a case of cheque bounce against her.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Since your agreement explicitly provides that rent must be paid before 10th of every month she ought to have complied therewith. Her act of dishonouring the agreement vests you with the legal right of terminating the agreement by issuing a notice to her.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
If she does not vacate the property even after notice then file a case for her eviction in court whereby she will be ordered to leave
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

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