Express, Implied Surrender, The Transfer of Property Act / The Revival of Ray XII

My Lord, When Lessor and Lessee enter Agreement for Sale/Purchase of the Tenanted Premises, Jural Relationship of Lessor and Lessee [w.r.t. Leased Property/Tenanted Premises] Ends?

“Question has to be decided keeping in view Section 111 of The Transfer of Property Act, 1882 and the intention of the parties. Shah Mathuradas Maganlal, (1976) 3 SCC 660 considered the scope of Section 111(e) and Section 111(f). It is in the light of the legal principle laid down by Hon’ble Chief Justice of India, Hon’ble Justice A.N. Ray, the question involved in this case must be examined.

Agreement, 13.05.1993: No Surrender of Tenancy Rights.

The conditions set out do not make out a case of express surrender under Section 111(e) or implied surrender under Section 111(f).”

Hon’ble Justice Abhay Manohar Sapre, Dr. H.K. Sharma v. Ram Lal, [Civil Appeal Nos. 1237-1238 of 2019].

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