A person wants to know if a leave and license agreement is valid in Kolkata under the West Bengal Premises and Tenancy Act, 1997.

Response

As per your query , it is highly advisable to contact a local lawyer regarding this query. However , each State has its own Rent Control Act, for example, Maharashtra has the Rent Control Act, 1999, Delhi has the Rent Control Act, 1958 and West Bengal has the West Bengal Premises and Tenancy Act, 1997.

The Leave and License agreement is not covered under West Bengal Premises Tenancy Act,however you can enter into a leave and license agreement under Indian Easement Act.

A Leave and Licence Agreement, as defined in Section 52 of the Indian Easements Act, 1882, gives the licensee the right to use and occupy the Licensed Premises for a limited duration. A Leave and Licence Agreement does not give tenants any ownership right of the property, nor does it provide the same non-eviction protections given in a Tenancy Agreement, rather the license to occupy can be terminated as per the terms of the agreement or otherwise and licensor can demand possession back from the licensee. Do note that in West Bengal there is no existence of Leave and License . If the agreement receives consideration of money then the same would be treated as rent and depending on the quantum of rent the rent act would be applied.

Reference: Section 52 in The Indian Easements Act, 1882
52 “License” defined. -Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license.

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