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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.MAHADEVAN, ACJ., MOHAMMED SHAFFIQ
Ferdous Estates Private Limited represented by Director – Appellant
Versus
State of Tamilnadu represented by its Principal Secretary – Respondent
| Table of Content |
|---|
| 1. appellant claims ownership disputes arising from multiple lease agreements. (Para 1 , 2 , 3) |
| 2. order's legitimacy questioned due to lack of proper hearing and evidence. (Para 4 , 5) |
| 3. arguments regarding ownership and lawful possession presented by both parties. (Para 6 , 7 , 8 , 9) |
| 4. court emphasizes that consent is necessary for license renewal tied to property ownership. (Para 30 , 31 , 32) |
| 5. final decision favors appellant, enforcing owner rights over disputes regarding lease agreements. (Para 34 , 35) |
JUDGMENT :
R. MAHADEVAN, ACJ.
1. The appellant is the sixth respondent in Writ Petition No. 30238 of 2023. The said writ petition was filed by the sixth respondent in this appeal praying to issue a Writ of Certiorarified Mandamus to call for the records relating to the order in MA5/9452/2023 dated 21.09.2023 of the second respondent, quash the same and consequently direct the third respondent to renew the FL-2 License issued to the writ petitioner.
2. In the affidavit filed in support of the writ petition No. 30238 of 2023, it was stated that the writ petitioner is a society registered under the Tamil Nadu Societies Registration Act, registered on 05.09.1994 and fr
A lease created in litigation cannot confer lawful possession; owner consent is essential for license renewal.
The distinction between a license and a lease is determined by the intention of the parties, as reflected in the deed, rather than merely the possession of the property.
The consent of the owner of the premises is necessary for carrying on liquor business, and in the absence of such consent, the authority is not entitled to grant a license to the tenant.
A statutory tenant in lawful possession of premises is entitled to apply for the renewal of a business license without requiring the express consent of the landlord, as such possession carries implie....
A tenant's claim for a liquor license is unsustainable when their possession becomes litigious due to ongoing eviction proceedings, distinguishing between juridical and lawful possession.
The nature of an agreement, whether lease or license, is determined by the real intention of the parties as decipherable from the document and surrounding circumstances. The court's interference with....
The main legal point established in the judgment is that the expiration of a lease, suppression of material facts, and the effect of holding over under the Transfer of Property Act, 1882 were central....
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