amount to surrender as surrender cannot be in futuro
and delivery of possession has to accompany surrender of a lease. A surrender is,
unlike abandonment ... words is essential to make a valid surrender. A surrender may be
oral. A surrender may be express although delivery of possession is
necessary
referred to Black's Law Dictionary (5th Edition) wherein the expression "surrender" has been, inter alia, defined as follows:
"Surrender ... determination of lease of immovable property, amongst other means by express surrender, that is to say, in case a lessee yields up its interest under
defendant nos.2 to 5.
28. Section 111(e) contemplates express surrender, in which context it
was held by the Supreme Court that there cannot ... Supreme Court applied Section
111(e) and held that for express surrender, there has to be a handing
over of possession. Section
limit is conditional, upon the satisfaction of the condition, or by surrender express or implied, or by forfeiture, or upon the expiration of a notice
granted unless the old is surrendered. 'Crowley v. Vitty', (1852) 7 Ex. 319. Such a surrender takes place by operation ... there was surrender of the tenancy existing previous thereto.
15. Section 115 of the Transfer of Property Act provides that a surrender, express or implied
Determination of lease --A lease of immoveable property determines ............... (e) by express surrender; that is to say in case the lessee yields up his interest ... surrender is not legal or valid, nor being in terms with express surrender mentioned in Clause (e) in Section 111 which as we have seen
Sm. Sailabala Dassee vs H.A. Tappassier on 1 August, 1951
Equivalent citations: AIR1952CAL455, AIR
first part of this clause contains, according to him, the general expressions signifying surrender of the entire interests of Foolkumari and Prabhabati in the estate ... same case it was also laid down that the surrender must be a bona fide surrender, not a device to divide the estate with
contended on behalf of the plaintiff appellant that the surrender was not really a surrender, but a sale, because there was consideration, the consideration being ... Transfer of Property Act, a lease of immoveable property determines, by express surrender, that is to say, by the lessee yielding up his interest under
circumstances the lower Courts supposed that, inasmuch as there was no express surrender of the land by the tenants, and the landlord
