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
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
Government. Subsequently, M/s. Dalmia in its letter dated
27.03.2001, expressed its desire to surrender the remaining area held by it
indicating that such notice ... therefore
unless the 12 months period expires, after the lessee expressed its desire
to surrender the lease and that too such notice of termination
implied surrender or
surrender by operation of law occurs firstly by creation of new
relationship or secondly by relinquishment of possession.
Implied surrender does ... depend on the intention of the
parties, like express surrender. It has to be implied from the
conduct of the parties. The principle underlying
"A" Through Her Father "F" vs State Of U.P. Thru
Government. Subsequently, M/s. Dalmia in its
letter dated 27.03.2001, expressed its desire to surrender the remaining
3
area held by it indicating that such ... therefore unless the 12 months period expires, after the lessee
expressed its desire to surrender the lease and that too such notice of
termination
first noticed:
"115. Effect of surrender and forfeiture on under-leases.-
The surrender, express or implied, of a lease of immoveable
property does ... amount
of rent) as those of the original lease; but unless the surrender is
made for the purpose of obtaining a new lease, the rent
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
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
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
