reserving
a yearly rent can be created. If the lease is not a valid
lease within the meaning of the opening words of Section ... this section
applies not only to express leases of uncertain duration but
also to leases implied by law which may be inferred from
possession
lease is the sine qua non
of a lease under Section 105 of the Transfer of Property Act, 1882,
and a sublease would imply
notice evincing an intention to treat the lease as
subsisting. Of course, the express or implied consent of the person
to whom such notice ... lease agreement was granted in the year 1992 for a period of three years
and there is no extension of lease either expressly or impliedly
respondent/Corporation that lease has
been extended, he is unable to produce a copy of the lease. The files reveal
that post the order ... regularisation of lease. It has stated that the office bearers of the club
had approached the appellant to renew the lease. This implies that
respondent/Corporation that lease has
been extended, he is unable to produce a copy of the lease. The files reveal
that post the order ... regularisation of lease. It has stated that the office bearers of the
club had approached the appellant to renew the lease. This implies that
prove that the
lease has come to an end. It is seen from the impugned order that the
practice of leasing out the Corporation lands ... year 2001, the petitioners themselves had sought for regularisation of
the lease. This implies that there was no lease as early
property register of the Temple. The
respondent relies on the lease receipts dated 28.08.1970 given by the respondent to
one Appavu Gounder to establish ... clear that the tenancy has
to be either express or implied. The lease receipts dated 28.08.1970 given in the
name of Appavu Gounder
provisions of the DRC Act (in view of the rate of
monthly lease rent which was Rs.4.50 per month and hence, much less ... completely silent as to who has constructed the building on the leased
premises, implying that it is the plaintiffs who had constructed the built
being a party to a lease-deed,
why there was no consideration of an application for renewal of lease-deed, more
particularly, when the same ... deal with the
application for renewal of lease-deed.
28. Accordingly, as there is implied consent/approval by the Municipal
Corporation as regards the letting
either the premium or the lease rent or other dues, or commits breach of any term of the lease deed or breach of any rules ... civil suit. The authority to resume implies and includes the authority to unilaterally cancel the lease.
13. This Court finds that the facts as mentioned
