grant a new lease during the continuance of the old lease, it follows that the acceptance of the new lease implies a surrender ... where there are two leases to the same person the surrender of the first lease should be implied. Even where the leases
grant a new lease during the continuance of the old lease, it fallows that the acceptance of the new lease implies a surrender ... where there are two leases to the same person the surrender of the first lease should be implied. Even where the leases
clear about the lease amount that he ought to have paid to the
landlord. A lease without a lease amount is unknown to agricultural tenancy ... were adopted
while entering into a lease agreement. In the absence of proof of the lease
agreement or lease amount
lease; and as the lessor could not grant the new lease until the first lease was surrendered, the acceptance of the new lease ... same although the new lease is a future lease, or although the new lease is by parol and the old lease was by deed
express grant of lease or express creation of lease in favour of the respondent, that would certainly be an implied agreement of lease. Of course ... sake of argument, if it is taken to be an implied lease, even then the respondent will be a tenant within the meaning of Section
case which not merely raises a presumption of implied surrender of lease-hold right, but the specific recitals requiring surrender of possession also clearly envisages ... lessor, and it was held that there was an implied surrender of lease with the execution and acceptance of the possessory mortgage and that
apply to the lease between the parties
and even assuming that the 60 year lease is invalid, there should be an
implied lease, in view ... proper lease deed
executed in this regard and that his continuance in possession is not as a
lessee, the question of implied tenancy also does
lessor a new lease of the property leas
ed, to take effect during the continuance of
existing lease. This is an implied ... surrender of
the former lease, and such lease determines
thereupon."
4. A leading decision on the scope of an implied surrender
next question is whether Exs. A-1 and A-2 are really leases at all. Though this question was not mooted in its true perspective ... demand. In this case, the document is described as a lease. A lease implies a transfer of interest in immoveable property for the purpose
same
date to prove either an express or an implied surrender of the lease by the
defendant in favour of the plaintiff on execution ... rent during
mortgage was kept alive which runs counter to implied surrender of lease
rights. It was further held that the mere fact that owner
