tenancy of a tenant may be terminated by a valid surrender by the tenant surrendering his interest as a tenant in favour of the landlord ... tenancy is terminated by surrender under Section 20, the tenant still continues as a tenant and an order for possession in favour of the landlord
over by the tenant to the landlord that a surrender takes place. The intention of the tenant in handing over possession to the landlord must ... that possession must be restored to the tenants after reconstruction. On the date the tenants surrendered possession there was already an order of the court
tenant is not precluded from denying the derivative title
through the landlord and it is open to tenant even without
surrendering possession to show that ... tenants or landlord does not
absolve the liability of tenants to pay rents to landlord or to vacate
by voluntary surrender of possession by terminating
tenants
and therefore to safeguard the tenants
against such a possibility it laid down
through the proviso that a surrender by a
tenant could only ... surrender and therefore there is no
termination of relationship of a landlord and
tenant. Consequently, even if the tenant has
voluntarily surrendered possession
such tenant despite surrender.
(6) Despite delivery of possession in 1959 upon
surrender as recited in the surrender deed, the tenant remained in
possession continuously ... valid and voluntary surrender, a tenant continues to be a tenant and
despite the tenant surrendering possession voluntarily, the landlord is
under an obligation
statute to his benefit. But surrender of possession is different. Surrender of possession is voluntarily vacating. When the tenant voluntarily vacates it is not contracting ... defendants though they continue in possession even after the agreement they have surrendered their possession as tenants impliedly and their present possession is only
statute to his benefit. But surrender of possession is different. Surrender of possession is voluntarily vacating. When the tenant voluntarily vacates it is not contracting ... defendants though they continue in possession even after the agreement they have surrendered their possession as tenants impliedly and their present possession is only
says that the
possession was taken in accordance with law and as noted
above, by voluntary surrendering by most of the tenants.
Much of this ... money and the effect of 22
of the tenants out of total 44 tenants surrendering
possession. This is a matter which can be considered
Sky Land International Pvt. Ltd. vs Kavita P Lalwani on 25 May, 2012
Equivalent citations
Estoppel of tenant; and of licensee of person in
possession.No tenant of immovable property or person
claiming through such tenant, shall, during the
continuance ... operate so long as the tenancy continues and unless the
tenant has surrendered possession to the landlord; and
(iii) Section 116 of the Evidence
