same time in one person in the same right:
(e) by express surrender; that is to any, in case the lessee yields up his interest ... expressed a doubt in regard to the correctness of this position when they observed (p. 832):
"Now whether 8. 53 A applies
first part deals with the breaches by the lessee of the express conditions which provide for right of reentry of the lessor. The Second part ... lessee. In the last category fall three contingencies, viz. express surrender, implied surrender and disclaimer, i. e. renunciation by a lessee of his character
superior or an inferior holder. It is desirable that the legislature should express its intention clearly as to the effect of the introduction of survey ... under which a lease of immoveable property can be determined by express surrender, that is to say, in case the lessee yields up his interest
Transfer of Property Act. That section provides that:
The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease ... under-lease to the Japanese firm is not prejudiced by the surrender of the head-lease. Then the section goes on to say:
...but, unless
same time in
one person in the same right;
(e) by express surrender; that is to say, in case the lessee
yields up his interest ... lease to the lessor, by mutual
agreement between them;
(f) by implied surrender;
VRD 10/18
::: Uploaded on - 18/07/2017 ::: Downloaded
that there was no valid surrender and there was no surrender in fact. It is also urged that no surrender could be effected when there ... thereof provide for determination of a lease by express surrender or by implied surrender. We are, in the present case, concerned with Clause F alone
Narhari Chandrayya Kanda vs Heren Damji Gala And Anr on 27 June, 2024
2024:BHC
about its tenancy, Mr. Khambatta would
submit that the law recognises implied surrender of tenancy. That a
contractual tenancy was created in favour ... alternatively, it can be brought to an end
by way of express surrender of tenancy. That in the present case,
there is nothing to indicate
Hiren Damji Gala vs Umakant Udaybhan Singhj And Another on 27 June, 2024
2024:BHC
Narhari Chandrayya Kanda vs Heren Damji Gala And Anr on 27 June, 2024
024:BHC
