special tenancy legislation. The doctrine of surrender by operation of law or implied surrender are expressions used to describe the situation like the present where ... implication of the law. But in an implied surrender, an intention to surrender is not expressed. It is inferred by the law. An implied surrender
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
whether the surrender letter amounted to a valid surrender and as to whether on the basis of such letter of surrender a subsequent lease could ... writes "the term surrender by operation of law or implied surrender (there being no distinction is the expression used to describe all those cases
mutual agreement between them;
(f) by implied surrender;”
18
5.3 The expression “express surrender” means the lessee
yields his interest under the lease ... property
surrendered, from the date of the surrender and the estate vests
20
immediately in the lessor. The term “surrender by operation
contended that the surrender of tenancy can
be effected by express surrender in writing or implied surrender
by operation of law as per provision ... Property Act. In the instant case, if it is
considered as express surrender, then according to the provisions
of Section 111 of the Transfer
para No.15 of Ex.P.3,
there is an express surrender of lease between the parties and
SCCH - 11 26 SC No.384/2013 ... express surrender of lease is supported by the documents. He
has also relied upon the evidence of PW.1 in cross-examination
at 7th line
light of the execution of Ext. A1 lease, there is express surrender of the previous lease and the parties are governed by the terms ... lessee". The surrender is either express or implied. The Author further states as follows: "Express surrenders are in England required by the Statute
implication of the law. But in an implied surrender, an intention to surrender is not expressed. It is inferred by the law. An implied surrender ... from denying the surrender. This is how surrender by operation of the law comes about. It is essential to such surrender that the new lease
incorporating the abovesaid second proviso, providing for an express surrender by the tenant. Earlier to that, there was no such provision ... execution of the mortgage in 1956. As already noted, provision for express surrender was incorporated in the Act only by the amending
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 ... them,
(f) by implied surrender,
(g) by forfeiture; that is to say, (1) in case the lessee
breaks an express condition which provides that
