said Act. Though the express surrender requires
surrender of tenancy by mutual agreement but implied
surrender may occur either by relinquishment of possession ... surrender or relinquishment may be either express or implied.
In case of express surrender notice under Section 12(2) is necessary,
18
but in case
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
2024:BHC
Narhari Chandrayya Kanda vs Heren Damji Gala And Anr on 27 June, 2024
024:BHC
intention of the parties to the lease whether the
parties intended to surrender the lease on execution of such
agreement in relation to the tenanted ... concerned here provide that a lease can be determined
by an express surrender; in case, the lessee yields up his interest
under the lease
intention of the parties to the lease whether the
parties intended to surrender the lease on execution of such
agreement in relation to the tenanted ... concerned here provide that a lease can be determined
by an express surrender; in case, the lessee yields up his interest
under the lease
directed to surrender before the Trial Court forthwith." The expression 'surrender' means appearance personally before the concerned court.
(xv) In this case
also
in the agreement for sale dated 07.10.2009 that the
petitioner has surrendered his tenancy and he continued in
possession of the property by virtue ... govern the law of
lease. There must be express surrender of the tenancy
right by the lessee to the lessor and the possession must
Order for the
unexpired period of this licence or till the express surrender thereof
whichever is earlier.
(d) Except with the permission of the licensing
