grant of a lease
stating in so many words that the property
vesting in trust is Municipal Corporation
cannot be leased in a manner which ... meaning. It is clear that the
Legislature deliberately omitted the word
`lease' implying thereby that proviso (ii) to
sub-section (5) of Section
earlier in favour of the defendant under Ext.B1
lease deed. Was there implied surrender of the above one acre of
land, the plaint ... implied surrender of the tenancy
rights by the lessee. True, in both the above cases, it has been
held that implied surrender of the lease
lease and they could be only
substituted by specific terms in the lease deed to the contrary. A term in
a lease deed which ... required to be registered could be used to displace
an implied covenant of lease set out through Section 108. To state the
corollary, if there
Transfer of
Property Act to be 15 days because the original lease deed Ex PW1/1 and the
document ... month w.e.f 01.08.1998 thereby extending the lease impliedly. In my opinion the same
is also of no consequence as Ld. Counsel
Sh. Mohinder Pal Singh Khurana & Anr. vs M/S. Modi Alkalies & Chemicals Ltd
where a registered lease deed is
executed on a particular day and it is stipulated in such lease deed that the lease
will be effective ... there would be an implied surrender of the former lease if a lessee accepts from
his lessor a new lease of the property leased
year
1941 amounted to an implied surrender of that lease at a time
when predecessor-in-interest of respondents was not entitled to
fixity ... deed in respect of the
building (alone) amounted to an implied surrender of the lease of
land at a time when no question of fixity
Transfer of Property Act are quoted as
under:-
―111. Determination of lease.--A lease of immovable property,
determines--
(a) by efflux of the time limited ... lease;
(h) on the expiration of a notice to determine the lease, or to quit,
or of intention to quit, the property leased, duly given
original
lease deed were maintained by both the parties to the lease. That is why, the expiry of
lease by efflux of time ... should
be presumed that there has been an implied surrender of the original lease and a new
tenancy has been created but such contention
defining sub lease. In view of section 105 of Transfer of Property Act, 1882, a sub
7
lease would imply parting with by the tenant ... lessee retains the legal possession is not
enough to create a sub lease. In Hazari Lal & Ors Vs. Giani Ram & Ors.1972
