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
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
would result in an automatic determination of lease rather
an implied surrender has to be considered in the light of the
uncontroverted facts. The judgment ... tenant
under the transferee, in any manner determines the lease or is an
implied surrender under the T.P. Act . The Full Bench judgment
lease. Moreover,
the plaintiff accepted the rent for the month of February, 1979, i.e., after
expiry of the lease, which amount to implied renewal ... favour of the tenant and it cannot
be said that the lease was impliedly renewed for 12 years. The learned
counsel further submitted that
plaintiff is a camouflage as in effect the deed is a lease deed
and thus there is a transfer of interest in the suit property ... parties, is in effect a license deed only or a lease
deed. Lease implies transfer of interest in the immovable property as per
Section
plaintiff is a camouflage as in effect the deed is a lease deed
and thus there is a transfer of interest in the suit property ... effect a license deed only or a lease
C.S 803/06
` 8
deed. Lease implies transfer of interest in the immovable property
lease deed rather it is an agreement to
lease. Agreement to lease does not require any stamp duty or
registration ... Here distinction has to be drawn between the lease deed
and agreement to lease. Lease deed implies transfer of some rights in
the immovable property
lease" and it has been held that what is lease between owner of property and his tenant becomes a sub-lease when entered into ... Murthy, AIR 2004 SC 4289 the Court said that a sub-lease would imply and stand discharged by adducing prima facie proof of fact that
1019/2009 Page 1 of 54
„Spraylac‟) has impliedly surrendered the lease in respect of premises
bearing Municipal No. M-42, Connaught Circus, New Delhi ... lessees in the
suit property, and that there was implied surrender of lease under Section
111 of the Transfer of Property
term of the old lease. But by his taking a new lease,
the law infers a termination of the existing lease. The reason
is that ... taken on lease after the expiry of the term
specified in the earlier lease. It was argued that the lease deed
would show that
