letter of surrender of tenancy dated
25th August, 1992 gave notice to Kanak Prava Sarkar that she has
surrendered her right title interest ... parties agree to it. There may be express
surrender and implied surrender. Express surrender means a written
document by way of letter to the landlord
surrender or by implied surrender. It
Page 8 of 40
C/OJA/13/2007 CAV JUDGMENT
is submitted that there is primary distinction between express ... transferred ,
in that case there is no question of either express and/or implied
surrender.
[6.1] It is further submitted by Shri Trivedi, learned Counsel
before the trial Court that the lease was determined either by express
surrender under Section 111 (e) or by implied surrender under Section ... same time in one
person in the same right
(e) by express surrender; that is to say, in case the
lessee yields up the interest
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
Saha submits that in view surrender of tenancy by the tenant in favour
of the plaintiff a privity is automatically established by reasons of Section ... lessee. It is submitted that Section 115 provides that the
surrender, express or implied, of a lease of immoveable property does not
prejudice an under
Saha submits that in view surrender of tenancy by the tenant in
favour of the plaintiff a privity is automatically established by reasons of
Section ... lessee. It is submitted that Section 115
provides that the surrender, express or implied, of a lease of immoveable
property does not prejudice an under
reads as below : -
21
"115. Effect of surrender and
forfeiture on under-leases:- The surrender,
express or implied, of a lease of immovable
property ... 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
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
that the
tenancy of the plaintiff no. 1 stood terminated by express surrender and delivery
of possession. Be that as it may.
The plaintiffs/appellants ... appellants/ petitioners only at paragraph No. 45 of the
application have expressed their apprehension that if during the pendency of the
appeal the suit property
