implied surrender, an intention to surrender is not expressed. It is inferred by the law. An implied surrender ... implied surrender will be taken to be subject to an implied condition that the surrender is to be void, if the new lease happens
indeed the lease has been expressly or impliedly surrendered. The question of express surrender of a lease by a lessee at the time of mortgage ... lessee would enter into a transaction of lease with his lessor, he could also surrender his lease impliedly. In other words, having laid down
lessee accepts a new lease that
in itself is a surrender. Surrender can also be
implied from the consent of the parties or from
such ... provides for
termination of tenancy by implied surrender. Such
implied surrender may be either:
(i) by creation of a new relationship, or
(ii) by relinquishment
surrender. However, it is essential to such surrender that
the new lease should be valid and take effect at once as a
lease. No implied ... implied surrender will be taken to be
subject to an implied condition that the surrender is to be
void, if the new lease happens
possession. It the lessee accepts a new lease that in itself is a surrender. Surrender can also implied from the consent of the parties ... lessee accepts a new lease that in itself is a surrender. Surrender can also be implied from the consent of the parties or from such
rent is Rs.150 per month. How could an implied
surrender of the lease be inferred therefrom. It is
admitted that the tenant continues ... remains the same.
The principle which governs the doctrine of implied
surrender of a lease is that when certain relationship
existed between two parties
possession effects a surrender by operation of
law. It is also called implied surrender in
contradistinction to express surrender which must be either
by deed ... possession effects a surrender by operation of law. It is
also called implied surrender in contradistinction to
express surrender which must be either by deed
handed
over to the mortgagee, wife of the lessee, impliedly lease hold rights are
surrendered is, in our view, without any substance. The High Court ... express or implied surrender. In the facts of the present
case, there is no question of implied surrender of lease hold rights by the
deceased
principle of surrender by operation of law. The term "surrender by operation of law" or "implied surrender (there being no distinction ... envisages the contingencies in which lease of the immovable properly determines, includes 'determination of lease
by implied surrender" too is in consonance with
property leased, to take effect during the continuance of an existing lease. The illustration is obviously not exhaustive of cases of implied surrender ... difficult to posit that the lease was impliedly extinguished and there was an implied surrender. We are unable to find any of the postulates
