Property Act, 1882
115. Effect of surrender and forfeiture on under-leases.—
The surrender, express or implied, of a lease of immoveable property does ... regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease
lease by the
landlord but is a decree passed on the basis of the lease
having been determined by the tenant himself by surrender.
[476G ... lease by the landlord but is a decree
passed on the basis of lease having been determined by the
tenant himself by surrender which
given for determination of the lease as
required under the terms of the mining lease deed and that the lease would
expire after 12 months ... 2010, which surrender has become final and conclusive, there was no
scope for transfer of such surrendered mining lease in favour of the first
respondent
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 ... lease impliedly. In other words, having laid down the mode in which a lease can be created it has recognized a mode of surrendering
surrender letter amounted to a valid surrender and as to whether on the basis of such letter of surrender a subsequent lease could have been ... lease land making way for a subsequent lease in favour of the petitioner, has questioned the subsequent lease. The factual position of surrender followed
consequence if the surrender is not of the whole; if the surrender is partial resulting modification of the terms of lease; if the parties execute ... into as an evidence of surrender, but still then, the admission made by the petitioners regarding surrender of lease and/or delivery of possession
given for determination of
the lease as required under the terms of the mining lease deed and that the
lease would expire after 12 months ... 2010, which surrender has become final and conclusive, there was no
scope for transfer of such surrendered mining lease in favour of the first
respondent
under:-
"29-A. Surrender of Mining Lease- Lease holder, on the intended day of surrender, shall submit over and above security deposit, an amount ... reads as follows:-
"30. Surrender of Mining Lease- Lease holder, on the intended day of surrender, shall submit an amount equivalent to twenty-five
there was an earlier surrender
and when there is no evidence to prove the
surrender, the alleged oral lease must necessarily
fall. Relying ... there was an oral lease in his favour. Such
an oral lease was possible, only if there was a
surrender of Ext.B36 lease
registered lease deed dated: 26.06.1985. It is true that, the
said lease has expired on 02.08.2003. The said lease was
surrendered to the original lessor ... admitted that, the lease
came to be expired on 2.8.2013 and lease hold rights had
been surrendered to the lessor and said fact had been
