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 ... property leased.
(iii) Express condition against parting with the possession of the property leased.
(iv) Express condition against disposing of the property leased.
(v) Express
asami and upon such determination, the asami shall not be entitled to any compensation.
(3) Every order of determination of lease under sub-rule ... determine the lease A determination has to be in consonance with the principles of natural justice. The determination of lease will adversely affect the rights
Property Act and the Rent Acts in the matter of
determination of a lease is that under the former Act to
recover possession ... notice."
If we were to agree with the view that determination of
lease in accordance with the Transfer of Property Act is a
condition
lease of immovable property by efflux of time. It is
obvious that such a lease gets determined by efflux of time. The
determination is automatic ... part of the tenant. When such automatic
statutory determination of lease takes place, Section l08(q) gets
simultaneously attracted against the erstwhile lessee. Section
compensation for the use and occupation
thereof after such determination of lease,
and may withdraw any jurisdiction so
conferred.
Explanation – For the purposes of this ... compensation for the use and
occupation thereof after such
determination of lease, the
reference in this sub-section to two
thousand rupees shall be construed
which term commences, duration of lease for a year and option to determine lease; while Section 111 deals with determination of lease. Section 112 deals ... kind. If a tenant remains in possession after the determination of the lease, the common law rule is that he is a tenant on sufferance
observed :
"If we were to agree with the view that determination of lease in accordance with the Transfer of Property Act is a condition ... period of the term lease unless there is something in the lease deed which provides for the determination of the lease; in such a situation
such determination as is referable
to the unilateral act or omission on the part of the
landlord which results in determination of the lease
agreement ... phrase `determination of
tenancy agreement' as employed therein. Consequently it must
be held that the mode of determination of lease agreement by
forfeiture
alone to terminate the lease, the lease would turn out to be a lease for indefinite period. Such a lease deed is liable ... possession after the determination of the contractual tenancy is personal."
(3) "With the determination of the lease, unless the tenant acquires the right
lease and that
Clause 4 of Part VIII of Form-K viz., the lease deed specifically states
that such determination will take effect after ... determine the
lease and surrender the remaining area and gave notice as required under
the terms of the mining lease deed for determination
