where during the continuance of a lease the lessee
accepts a new lease, there is an implied surrender by law.
The essence of implied surrender ... lease. The reason is that the landlord has no
power to grant a new lease except upon the fitting that the
old lease is surrendered
plaint, there is no pleadings that possession under the lease was surrendered and the proposed gift and the permission granted to the plaintiff ... lessee. In the absence of any proof of surrender of lease the status of the plaintiff is the only as a lessee and not that
VIII of the lease nowhere contemplates a
condition that on any such condition of assignment, the
original lease deed would be surrendered for the purposes ... conditions of the original lease
shall be applicable to this sub-lease also. Any
contravention of the terms of the lease by any
other previous
selling, hiring, letting, sub-letting, exchanging,
mortgaging, accepting mortgage, renting, leasing,
sub-leasing, surrendering, accepting surrender,
accepting lease, tenancy or sub-tenancy and
constructing, reconstructing
been terminated by surrender of vacant possession of the
tenanted premises by the tenant. In other words, on
surrender, Exhibit B1 lease got determined ... contention of the
learned Senior counsel is that, the surrender of the lease
hold premises for the purpose of reconstruction would
entail determination
Limited was a lessee under the erstwhile owner and they had surrendered their lease.
The plaintiff was at the best could claim itself ... lessee, but after the surrender
of lease by Mackinnon Mackenzie and Company Limited, the plaintiff has no locus
standi to occupy the property-in-suit
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
lease. The reason
is that the landlord has no power to grant the new lease except
upon the footing that the old lease is surrendered ... lease, is estopped
from denying the surrender".
15. There was implied surrender of Ext.B1-lease as a new
lease deed
loan agreement, Ex.P.2, the A2
shall not sell, mortgage, lease, surrender or otherwise howsoever alienate the
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https://www.mhc.tn.gov.in/judis
quantum of arrears of rent as well as the issue of surrender of lease, were disputed.
14.4. It is clear from the events that ... entitled to a renewal of the lease beyond 09.01.1996 and that they were obliged to surrender possession to the plaintiff. Even if the first defendant
