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
that
once there is a surrender of tenancy, the land
lord becomes entitled to retain the land so
surrendered in the same manner ... gives up
his interest to his landlord. Surrender can be
express or implied. Express surrender is
usually in the form of a deed. When
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 ... expiry of the period of notice
of termination [ Section 111(h) ]; express surrender
[ Section 111(e) ] and implied surrender [ section 111(f) ].
10.2. Obligations
concerned here provide that a lease can be determined
by an express surrender; in case, the lessee yields up his interest
under the lease ... agreement do not make out a case of express surrender under clause
(e) or implied surrender under clause (f) of Section
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 ... lease to the lessor, by
mutual agreement between them;
(f) by implied surrender;
31
W.A. No.1577
express surrender
or implied surrender or by forfeiture. Lease can
be determined under Section 111(g) by
forfeiture in case lessee breaks an express
condition ... Rail Project is being constructed for
public at large. Individual interest must
surrender to the interest of public. Considering
the same, no restraint order
express surrender or implied surrender
or by forfeiture. Lease can be determined under Section 111(g) by
forfeiture in case lessee breaks an express condition ... Rail Project is being constructed for
public at large. Individual interest must surrender to the interest of
public. Considering the same, no restraint order
expiry of the
period of notice of termination [ Section 111(h) ];
express surrender [ Section 111(e) ] and implied
surrender [ section 111(f) ].
10.2. Obligations
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
expiry of the period of notice of
termination [ Section 111(h) ]; express surrender
[ Section 111(e) ] and implied surrender [ section
111(f) ].
10.2. Obligations ... therefore, did not expire by efflux of time on 31.03.2020
but was surrendered suo moto by defendant on 31.08.2020.
It is not the case
