lease which the Baroda Transfer of Property Act, provided was by express surrender of the lease. It also provided for implied surrender of the lease ... have been superimposed. Now, this is not a case of an express surrender of lease at the time when the lessee took usufructuary mortgage
property to the landlord mortgagor, must depend upon whether there was surrender, express or implied, of the rights of the tenant when the possessory mortgage ... interest from the landlord. Thus, obviously, there was no express surrender of the tenancy rights. There is no question of implied surrender or merger merely
surrender or by implied surrender. It
Page 8 of 40
C/OJA/13/2007 CAV JUDGMENT
is submitted that there is primary distinction between express ... transferred ,
in that case there is no question of either express and/or implied
surrender.
[6.1] It is further submitted by Shri Trivedi, learned Counsel
Satpalsinh Harbhanslal Arora vs Indian Oil Corporation Limited. on 20 April, 2020
Author: Bhargav D
Lodging House
Rates Control Act, 1947 which would prevent the tenant
from surrendering any such rights.
Counsel further submitted that the written statement
filed ... Page 6 of 18
C/SA/49/1999 JUDGMENT
no surrender, expressed or implied, by the defendants of
their preexisting tenancy rights at the time
case for surrender of the tenancy. It may be noted that the surrender is of two types, express or implied. Herein the contention is raised ... about implied surrender. There is no plea of express surrender of the tenancy. Section 111 of the T.P. Act. 1882, provides as many
other trustees were also appointed. It
is stated that Gandhiji expressed his desire to surrender the
Satyagraha Ashram to the All India Harijan Sevak Sangh ... stated that
Mahatma Gandhi by his communication dated 30.09.1933 had
expressed his desire to surrender Satyagraha Ashram to Harijan
Sevak Sangh to Shri Ghanshyamdas Birla
words is essential to make a valid surrender. A
surrender may be oral. A surrender may be express although delivery
of possession is necessary ... essential to form valid surrender of tenancy rights. Surrendering of
tenancy right may be oral or may be express although delivery of
possession is necessary
accuses had made no attempt to escape. He also expressed no sorrows remorse, and surrendered himself to the police making a full confection before
they are not convinced, are they to surrender their own individual judgment and liberty of thought and expression of judicial views which are qualified only
