Concept of Leave and License

The law relating to letting of premises or giving it on license has
evolved through different stages during the last move than hundred
years. Previously, the relations between the landlord and tenant
were governed by the Transfer of Property Act,1882, Ss. 105 to
117, and the provisions regarding the license were governed by
The Indian Easements Act,1882. As the situation changed these
provisions were found to be inadequate. The new situation created
by the acute shortage of housing accommodation prompted the
then lawmakers to rethink about the prevailing provisions.And thus
the first enactment controlling the rent and housing
accommodation came into force in 1918.

In 1939 , the Bombay Rent Registration Act was enacted. In 1944,
the Bombay Rents, Hotel Rates and Lodging House Rates(control)
Act came into force. The Acts of 1939 and 1944 were repeated
by S.50 of the Bombay Rents,Hotel and Lodging Rates Control
Act, 1947, which was enacted in January 1948.

Finally,Maharashtra Rent Control Act, 1999 came into force with
the unification of three laws prevalent in different parts of
Maharashtra. The present provisions regarding the leave and
license agreement are governed by this 1999 Act though the
Indian Easement Act's S.52 defines the term license.
    
The section 52 of the Indian Easements Act defines a license as:
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 granter, something which would,in the
absence of such right,be unlawful and such right does not amount
to an easement interest or an interest in the property, the right is
called a license.

This definition makes it clear that when a document gives only a
right to use the property in a particular way or under certain terms
while it remains to possession and control of the owner thereof,
it will be a license.

The provisions regarding the eviction of a licensee are in chapter 8,
of the Maharashtra Rent Control Act, 1999.