Supreme Court · 2009 INSC 1157 · Decided 18 September 2009
The New Bus Stand Shop Owners Association v. Corporation of Kozhikode & ANR.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 1157 · [2009] 14 S.C.R. 793
- Case number
- CIVIL APPEAL No. 6391/2009
- Decided
- 18 September 2009
- Bench
- MARKANDEY KATJU, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Stamp Act
Headnote
Kera/a Municipality Act, 1994 - s. 215 - Power of c municipality to acquire and dispose of property - Corporation letting out shop rooms and executing agreement with the occupants-shop holders - Nature of agreement - Held: Agreement between the Corporation and is an agreement for licence - Amount paid by shop holders is described as fees and not as rent either in s. 215 or in the D conditions of licence - Intention of the parties is to create a ~ l licence and not a lease - Licensee was. never given the exclusive possession - Corporation retained the
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