Sudhakaran Vs. Corp. of Trivandrum
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Head Note
Civil Law - Renewal of tenants licence for running shop
Kerala Buildings (Lease and Rent Control) Act, 1965 - Kerala Municipalities Act, 1994 - Section 492 (3) - Renewal of tenants licence for running shop - Whether consent of the owner of the premises is necessary - Held, requirement of consent of landlord is applicable only when a person intends to obtain a licence for the first time. Renewal or subsequent application for obtaining licence on expiry of the period of the existing licence, during the currency of the tenancy, is not applicable for obtaining licence. Even in the case of application for obtaining licence for the first time, the tenant cannot be deprived of running lawful business merely because the landlord withheld the consent - Valid tenancy itself has implied authority of the landlord for legitimate use of the premises by the tenant.
Topic(s)-Renewal of tenants licence for running shop