respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise howsoever, for any period prior to the date
determining the lease which the Baroda Transfer of Property Act, provided was by express surrender of the lease. It also provided for implied surrender ... lessee would enter into a transaction of lease with his lessor, he could also surrender his lease impliedly. In other words, having laid down
lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender ... only a periodical lease fide a yearly lease or a monthly lease and if the agreement of tenancy provides that the lease can be terminated
that where during the continuance of a lease the lessee
accepts a new lease, there is an implied surrender by law.
The essence of implied ... such surrender that
the new lease should be valid and take effect at once as a
lease. No implied surrender can, Therefore, arise
such surrender that the new lease should be valid and take effect at once as a lease. No implied surrender can therefore arise ... other words, the new lease was invalid lease could in law work as implied surrender of the old lease. The Court of Appeal held that
continuance of a prior lease operates as a surrender of the original lease because by accepting the new lease, the lessee is a party ... under the lease to the lessor by mutual agreement between them whereas clause (f) provides that the lease can be determined by implied surrender
respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise howsoever, for any period prior to the date ... respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise howsoever, may be recovered in the same manner
February, 2006. A fresh lease as conceptualized by the original lease of
1905 could not be executed and registered. The lease stood renewed from
month ... property on expiry of the original lease. A fresh lease or a
renewed lease was executed but not registered. Admittedly it was void.
However
1996. 9
executed, there is an implied surrender of the lease and
the lease no longer survives. It will be useful to refer ... that when a mortgage deed is executed,
there is an implied surrender of lease.
16. That was a case where the lessee had given
respect of any evacuee property, under any agreement, express or implied, lease or other document or otherwise howsoever, for any period prior to the date
