Legal Remedies for Lessor and Lessee for rented/lease premises

Important Points

1. A leave and license agreement Unlike an agreement of lease is one which only confers license on the licensee to use the premises for a specific duration subject to several terms and conditions.
2. Such agreement by their nature favor the licensor as they don't confer any rights on the licensee with repect to the property

Definitions

1. Lease : under Transfer of Property Act, 1882 and gets ligitimacy there under
2. Leave and License Agreement : Essentially a license to use a premises a governed under the Indian Easement Act, 1882

Forceful Eviction

1. Landlords can misuse their power and illegally evict the tenants from the premises without following due process of law.
   
   

Procedure for Eviction

1. Repossess the property with due process of law
2. Once vacation order is received lawful eviction, they have to vacate the premises.
3. if tenant fails to vacate the property within the time specified, the law enforcement official may physically remove the tenant.

Protections against Forceful eviction

1. Suit under Specific Relief Act for a special and speedy remedy 
1. Put back in possession of the licensed premises - [1]
2. Necessary Condition - 
1. Licensor evicted wrongful and without following due process of law.
2. Suit for Damages
1. Claim actual monetary damages for the expenses resulting from the illegal eviction which
1. loss of business & Opportunity
2. Temporary accommodation
3. mental harassment & distress
4. Damages caused to movable goods in premises
5. loss of goods while the aggrieved party was locked out.
2. Suit for Damages and Section 6 of Specific Relief Act cannot be clubbed
3. Police Complaint under IPC 1908
1. Sometimes landlord can 
1. utility companies to CUT OFF service to the licensed premisis
2. Changing the locks
3. Threatening the licensee and restricting entry to license premises
2. Such acts amount to harassment and 
3. IPC 1908 - trespass, wrongful eviction, assault, battery, slander, intentional infliction of emotional distress 

Cases

1. Sujit Pal Vs Prabir Kumar Sun

Sources:

1.  https://www.barandbench.com/view-point/legal-remedies-available-to-the-lesseelicensee-against-forceful-eviction
2.