Supreme Court · 2016 INSC 501 · Decided 5 July 2016

Sudhakaran v. CORP. of Trivandrum & ANR.

Court
Supreme Court of India
Citation
2016 INSC 501 · [2016] 4 S.C.R. 1043
Case number
CIVIL APPEAL No. 5435/2016
Decided
5 July 2016
Bench
V. GOPALA GOWDA, ADARSH KUMAR GOEL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

Kera/a Municipality Act, 1994 - s.492(3) - Requirement of consent of landlord - For obtaining licence - Whether required only when the licence is obtained for the jirst time or also at the time of its renewal - Held: As per s.492(3) requirement of consent of landlord is required only when the time - Such consent is not required for renewal of the licence - However, even for obtaining the licence for--the first time, applicant-tenant cannot be deprived of running lawful busi­ ness merely because landlord withheld the consent - Valid tenancy itself has implied authority of the

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