Since this is a leave and license arrangement and not a tenancy, your rights and remedies are governed primarily by the written agreement and general principles of contract law.
On the facts you have stated, the licensee cannot legally vacate the premises within 10 days without consequences. The agreement contains a 12-month lock-in period and a one-month notice clause. It also specifically provides that if the licensee vacates during the lock-in period, he is liable to pay the license fee for the remaining lock-in period. Contractually, therefore, his proposed exit amounts to a clear breach of the agreement.
That said, the manner in which you respond should balance legal rights with practical realities.
As an immediate step, you should ask the licensee to communicate his intention to vacate in writing, preferably by email or WhatsApp. Oral statements are not sufficient. A written admission that he is vacating due to financial distress will later protect you if any dispute arises. Until matters are documented, you should not accept keys or possession.
Legally, lock-in clauses in leave and license agreements are enforceable, particularly in commercial arrangements such as shops. Courts generally uphold clauses requiring payment of license fees for the remaining lock-in period as liquidated damages. However, from a practical standpoint, if the licensee is already under heavy debt, recovery of the full lock-in amount through litigation may be difficult. Courts also tend to consider whether the licensor has mitigated losses by re-licensing the premises quickly.
With respect to the security deposit of ₹1,00,000 taken in cash, you should be cautious. The deposit can be adjusted only against clearly quantified dues. Prepare a written settlement statement showing the license fee payable up to the date of vacating, the one-month notice period rent, and any other agreed damages. Any forfeiture or adjustment of the deposit should be expressly recorded in writing. Even though the deposit was taken in cash, it is advisable that any final adjustment or refund is documented clearly and, if possible, routed through banking channels to avoid later allegations.
If you decide to permit an early exit, do not allow the licensee to vacate casually. You should insist on proper documentation. Ideally, execute a deed of early termination or surrender of license stating that the licensee is vacating voluntarily, that the exit is during the lock-in period, how the deposit is being adjusted, and that both parties waive future claims. At the very least, obtain a signed settlement letter confirming full and final settlement, peaceful handover of possession, and no further claims by either side.
You should also be aware of practical challenges. If you insist on full lock-in damages and the licensee lacks funds, you may face prolonged litigation with uncertain recovery. If he vacates abruptly without proper documentation, he may later allege illegal withholding of deposit or improper termination. Further, if you re-license the shop quickly, a court may reduce the damages claimed on the ground that your losses were mitigated.
A balanced and commercially sensible approach is often to insist on payment of the mandatory one-month notice rent, adjust any arrears, adjust or forfeit the deposit to an agreed extent, waive the remaining lock-in damages through a written settlement, and take back peaceful possession so that the shop can be re-licensed promptly. This minimizes litigation risk while protecting your immediate financial interests.
You should not forcibly dispossess the licensee, lock the premises, or retain the deposit without written settlement terms. You should also avoid relying on oral assurances. All understandings must be recorded before possession is handed back.
In essence, the licensee is in breach of the agreement, and you have a strong legal position. However, enforcing the lock-in clause must be weighed against the practical difficulty of recovery. A documented early termination with clear adjustment of the deposit is often the safest and most effective route to close the matter without future disputes.