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(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.

Illustration to Clause (f) A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease and such lease determines thereupon.

38. Section 111, Clause (h) deals with the determination of lease of immoveable property on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.

96. Similarly, Clause (m) of Section 108 of the Transfer of Property Act, inter-alia, provides that "the "lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession....

97. The said condition given in Clause (m) of Section 108 of the said Act comes into play in the absence of a contract or local usage to the contrary, and the same is a statutory condition. The said condition is implied in every lease unless there is a contract or local usage to the contrary. The said condition is not an "express condition", as contemplated in Section 111(g) of the Transfer of Property Act.

98. Again, Clause (q) of Section 108 of the Transfer of Property Act provides that "on the determination of the lease, the lessee is bound to put the lessor into possession of the property." The said condition given in Clause (q) of Section 108 of the said Act comes into play in the absence of a contract or local usage to the contrary, and the same is a statutory condition. The said condition is implied in every lease unless there is a contract or local usage to the contrary. The said condition is not an "express condition", as contemplated in Section 111(g) of the Transfer of Property Act.

Section 108. This section, as said by Coutts Trotter, J., sets out in a convenient form the implied covenants usually subsisting in a lease (i). Nearly all the clauses were said by Rankin, C.J., to be expressions of well-settled principles familiar to the law of England (l), The section has no application to a tenancy at will, for a tenancy at will is not a lease as defined in the Act (k).

25. Even these observations do not in any way dilute the contention of learned Senior Counsel for the respondent that when the plaintiff has relied on law of the land, any implied covenant as contemplated by the statutory provisions of Section 108(q) would still remain in the domain of statutory obligation on the part of the appellant to hand over vacant possession to the respondent on determination of lease by, efflux of time. Consequently, the decisions of Travancore and Karnataka High Courts which have taken the view that there is an implied term in the contract of lease that after the expiry of the lease period the lessee would put the lessor in possession would not be of any assistance to the appellant. It has to be noted that so long as this implied term runs parallel to the statutory obligation of such erstwhile lessee as per Section 108(q) it cannot be said that the said statutory obligation gets obliterated and repealed merely because such implied term can be culled out from the contract gets itself, Such an implied obligation or term in the contract cannot in any way reduce the legal efficacy of the statutory obligation foisted upon such a lessee by the express provisions of Section 108(q) read with Section 111(a) of the Property Act.