M/S Fusion Foods vs Government Of Andhra Pradesh, on 31 March, 2021
Both as per the terms of the license and as per the
provisions of the Indian Easement Act, the petitioner is
entitled to a reasonable period of time after the license is
validly terminated. In the case hand, learned counsel for the
respondents argued that since it is a mere license the
petitioner cannot be deemed to be in "possession of the
property". However, this Court notices that a licensee, who is
permitted to occupy the property also has certain rights
which are stipulated both by the agreement and by the law.
He has a right to occupy the premises and use the same.
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Even if the license is validly terminated the petitioner is
entitled to a reasonable time to vacate the premises. As per
the judgment of the Karnataka High Court in Keventer Agro
Limited v KalyanVyapar Pvt. Ltd.,3a licensee, who is
unlawfully terminated and evicted has two concurrent options