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"(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them;
(f) by implied surrender;"

17. It has been argued by learned counsel for the petitioner that a bare reading of Clauses (e) and (f) clearly provide that the legislative intent is to acknowledge surrender of lease rights by act of specific written document or by implied surrender to wit by consent and, therefore, he argues that since Clause-7 of the lease deed prescribes for surrender of lease rights, entitling the lessee to take such an action in the light of the provision as contained in Clause (e) and (f). He contends that if original lessee had written letter, expressing relinquishment of his lease rights in respect of lease land, it would be a valid one.

35. In Amar Krishna v. Nazir Hasan AIR 1939 Oudh 257 at page 267 it was observed:
An implied surrender takes place either by the creation of new relationship between the lesor and the lessee such as the acceptance of a new lease which must operate as implied surrender of the old one or in other ways based on the consent of the parties or by the relinquishment of possession by the lessee and taking over possession by the lessor which would lead to the inference of an implied surrender of the lease."

55. The rights and liabilities of the lessor as per Section 108 of the T.P Act are governed by the terms and condition that are contained in the lease document and so also they guide the future course of action for the purposes of determination of lease except as provided for under Section 111 of the T.P. Act, or to further create such lease in favour of a third party.

56. The argument advanced in the present case centers around the provision contained under Section 111 of the T.P. Act especially clauses (e) and (f) that talk of express and implied surrender of lease. Learned counsel for the petitioner has argued first in favour of clause (e) of Section 111 and since the surrender letter has been objected to by the respondent being not a registered document as it varies the terms and conditions of the lease by conduct of dividing/ partitioning two property by lessee, alternatively it has been argued that the letter of surrender and thereafter no objection by the original lessee in respect of subsequent lease executed by the tenure-holder in favour of the petitioner, would amount to implied surrender.

57. Learned counsel for the petitioner has drawn our attention to paragraph-27 of quoted hereinabove in the case of H.K. Sharma (supra) where implied surrender of lease has been discussed referring to another judgment of the Apex Court in the Case of Shah Mathurdas Maganlal & Co, that creation of a new relationship or relinquishment of the possession, is an act indicative of implied surrender of the lease and therefore, it is argued that since by the letter dated 15.9.2018 the original lease virtually surrendered certain area of the lease property in favour of the tenure holder lessor, it would amount to be a valid surrender in view of Section 111 and as such the relinquishment of the right would not require to be registered on one hand, and the second is that since the original lesee did not put any objection to the subsequent lease of a part of land in favour of the petitioner on 14/15.12.2018, such a conduct would be deemed as it would amount to be an implied surrender.