appellant has claimed that it was a lease for manufacturing purpose, admittedly there was no registered written lease. Therefore, rule of construction as envisaged ... this section applies not only to express leases of uncertain duration but also to leases implied by law which may be inferred from possession
Transfer of Property Act, lease can be
determined either by express surrender or by implied surrender. It
Page 8 of 40
C/OJA/13/2007 ... lease deed, it is submitted that the lease is perpetual and
permanent lease with all rights of ownership. It is submitted that
under the lease
specified in the lease deed cannot be taken into
account or relied on and such lease will tantamount to an oral lease. In any event ... lease. Such a right to determine
the lease need not be expressly stated in the lease agreement as it is an implied
right
counsel for the appellant, that there was an implied consent of Landlord to treat the lease as existing on his acceptance of rent, despite notice ... such rent could not be treated as an implied or express consent to treat the lease / tenancy as subsisting on the part of the Landlord
surrender and
forfeiture on under-leases:- The surrender,
express or implied, of a lease of immovable
property does not prejudice an under lease ... protected only when the original lessee
22
surrenders the lease expressly or impliedly to the lessor
and also when the under-lease
petitioner and accepted by the respondents.
Therefore, indisputably lease agreement was impliedly renewed.
According to the petitioner, he has paid the requisite fee/annual
premium ... construed that in the given facts and circumstances, renewal of lease
is implied.
27. The claim of the petitioner that he is not a defaulter
Sh. Ram Phal vs Rca No. 12/2017 Page 1 Of 5 on 15 November
Central Government contemplated in
Section 17-A(2) may be express or implied. In a case
such as the present one where the Central
Government ... Notification
while rejecting the appellants’ application for grant of
mining lease, it necessarily implies that the Central
Government has approved reservation made by the
State
claim extension
of lease in their favour since the Government of India intends
to adopt a fair and transparent policy for leasing out or
disposal ... held that there could be no implied renewal of
lease and public authorities are required to adopt a
transparent and fair method for disposal
immovable property transferred
or exchange or taken on lease etc. The same does not imply to define
the expression 'any lump sum consideration