...evidence. The document in question is styled as a surrender of rights under a lease. The recitals therein indicate that the executants have clearly given up and surrendered their tenancy rights with...paid. On the other band, the learned counsel for the respondent contends that the appropriate Article applicable is Art 61, which specifically provides for surrender of lease and as in this case the...as such, a tenant had subsequently executed the document of surrender of lease, no stamp duty at all is leviable.2. The document refers to the cultivation of the properties appended to...

.... 3. Issue a writ to declare that exhibit P2 is a deed of Surrender of Lease for the purpose of fixation of stamp duty under the provisions of Kerala Stamp...lease was mentioned as 9 years from 6/5/2015, the 3rd respondent desired to surrender the building after 2 years as part of shifting of its business is the further submission.... 3 Therefore, Ext.P2 deed for surrender of lease was executed between the petitioner and the 3rdrespondent. But...

...the Constitution of India to issue a Writ of Mandamus to direct the first respondent to register the surrender/cancellation of lease deed based on the letters dated 27.02.2023 and 28.02.2023 issued by.... The writ petition has been filed seeking for a Mandamus to direct the first respondent to register the surrender/cancellation of lease deed based on the letters dated 27.02.2023 and 28.02.2023 issued...possession of the property. 4. While so, the petitioner approached the first respondent for registration of surrender of lease deed dated 25.02.2014 based on the letters...

...redemption only if at the time of the mortgage there was surrender of lease rights in favour of the lessor. It all depends on the intention of the parties at the time of execution ...interest, that is to say, liability to pay rent during mortgage was kept alive which runs counter to implied surrender of lease rights. It was further held that the mere fact that the owner creates a...surrender of rights depends upon the intention of the parties at the time of execution of the mortgage. It would be a question of fact depending upon evidence. It is further observed that in absen...

...notice for surrender of lease-deed of five years granted to him on 03.01.2018 in respect to Khasra No. 248, 1112/1 area 0.83 hectare situate in village Pahadiya Bujurg, Sani... Court No. - 34 Case :- WRIT - C No. - 291 of 2019 Petitioner :- M/S Tripathi Contractors Respondent :- State Of U.P. And 3 Others Counsel for Petitioner..., Tehsil Karwi, District Chitrakoot in view of Rule 16 of U.P. Minor Minerals (Concession) Rules, 1963 (hereinafter referred to as “Rules, 1963”) but no decision has been taken by competent...

...A. Muhamed Mustaque, J.:— The petitioner is a lessee. The lease was for the period of 20 years. The petitioner, after the period of three years, decided to surrender the lease. As per the...Article 54 of the Kerala Stamp Act, 1959 (for short, the ‘Act’), the stamp duty payable is as follows:Surrender of lease:—(a) When the duty with The duty with which which...111 of the Transfer of Property Act, the lease can be determined by express surrender or implied surrender or any other form referred therein. In this case, Section 111(e) of...

...defendant.2. The High Court has held that there was surrender of the prior lease by the defendant on execution of the mortgage by the plaintiff in his favour; and that the...and a mortgagee was pointed out and the conditions for the merger of the two rights were indicated. It was held that “surrender of a lease takes effect like a contract by mutual consent on the lessor's...been followed and it has been held that the doctrine of merger does not apply where tenanted premises are mortgaged in favour of the lessee. It has been held that implied surrender of the lease would...

...Tourism Pvt. Ltd (perpetual lease), he executed three documents naming “Surrender of Lease Deeds” on dated 13.05.2003 and he surrendered all the three big plots of land in favour of Lessors Gopal...Krishan Sharma, Manoranjanee Sharma, wife of Jai Prakash Sharma and V.K Sharma (himself) respectively. He executed all the three surrender of lease deeds on 13.05.2003, as one of the Directors of ...so called resolution dated 09.11.2002 (if any) and all the three surrender of lease deeds dated 13.05.2003 because to determine the said controversy, original suit no. 764 of 2003 titled as...

...revisional Court has taken the view that because of execution of the registered lease deed at Ex. P-1 in favour of the respondent on behalf of the Math, there will be deemed surrender of ...because of implied surrender of lease by the firm he had himself become the head tenant under the Math.6. It is well established that the lease is a transfer of interest in immovabl...continue in possession over the demised premises during the subsistence of the lease. Therefore, coming to the facts of the present case, but for the surrender of the lease by the head lessee i.e ...

...assertion of the landlord that he was asked to recover possession of the eastern half portion by the deceased plaintiff and that such surrender of lease could be validity recognized.... A perusal of the record shows that on the pleadings of the parties, the trial Court framed five issues including whether the plaintiff has surrendered the right of lease of the disputed...of eastern half ....2/- portion of the suite plot and that he released the same in favour of defendant Nos.2 and 3 by executing registered lease deed and also delivered possession to...

...defendants preferred this Second Appeal stating that the courts below failed to take note of the fact that the plaintiffs not proved the alleged surrender of lease made by the 1stdefendant, inspite...of the plaintiff with regard to surrender of lease when admittedly Section 111 of Transfer of Property Act was not satisfied or fulfilled? b) Whether a lessee...his plea of abandonment/surrender of lease as required by law to entitle him to a decree for permanent injunction?" 6/11...

...when there was a surrender of tenancy rights restricted to the two flats in question, the first respondent is bound by the surrender and cannot claim sub-tenancy rights any further. The contention is unsustainable for a hos...entitled to claim the benefit of the contract vis-a-vis the lessor, as the lessee (head tenant) cannot surrender the lease in part. Section 111(e) contemplates a surrender of the entire interest under the ...115 of the Transfer of Property Act provides that the surrender of a lease does not prejudice an underlease of the property or any part thereof previously granted by the lessee. The lessee, having...

...is the general provision with respect to the release, which is covered by Article 48 of the Act. The other is a specific provision relating to surrender of lease, which is Article 54 of the Act.... Under Article 54 of the Act, in the case of a surrender of lease when the duty with which the lease is chargeable does not exceed Rs. 100/-, the stamp duty is the same with which such ...be returned by the petitioner to the original lessee. Therefore, they maintain that it is a release and not merely a surrender of lease during its currency. 5. I have examined the...

...24.2.1997 related to surrender of lease in favour of the petitioner and therefore under Article 61 (b) of Schedule 1-B of the Act, 1899, as it was in 1997, the stamp duty liable to be paid on the..., which are quoted below: 61. Surrender Of Lease- The duty with which such lease is chargeable. [(a) when the duty with...which the lease is chargeable does not exceed [the duty chargeable on a conveyance for a consideration of Rs. 500] (b) In any other case Exemption Surrender of lease, w...

...pendency of this application the defendant has delivered vacant and peaceful possession of the suit property to the plaintiff by a registered deed of surrender of lease dated 22nd September, 2017 ...plaintiff has taken possession thereof. The learned Counsel representing the plaintiff submits that in view of such surrender of tenancy the plaintiff is not willing to proceed with the other 2claims and...registered deed of surrender dated 22nd September, 2017 and the plaintiff does not have any other claim against the defendant. The department shall draw up the decree as expeditiously as...

...entering in to the registered surrender of lease deed dated 19.11.2020, and same has been intimated by way of letter dated 25.11.2020 given to the 1st...respondent. In respect of the same and for kind consideration of this Hon'ble Court, the petitioner is herewith produced the copy of the surrender of lease deed and the... - 1 - NC: 2025:KHC:15260 WP No. 1676 of 2019 IN THE HIGH COURT OF KARNATAKA AT...

...money and a sum of Rs. 7,00,000 towards the cost of the incomplete construction of cinema. Besides this, a sum of Rs. 1,00,101 was also received for loss in respect of surrender of ...official liquidator was pressed by the creditors of the assessee-company to surrender the plot of land along with the incomplete structure of the cinema to the original owner, namely, Smt. Jatan Kanwar.... The lease of the plot was given for a sum of rupees 5,00,000 for 99 years. The owner agreed to make the payment of the advance of Rs. 5,00,000 which was given to her by way of advance towards ...

...before the 3 respondent for registration, he refused to register the same on the ground that Ext. P2 would fall within the category of surrender of lease as provided under Article 54(a) of the Schedule...order to term Ext. P2 as a surrender of lease, the parties ought to have acted upon the lease and the 4 respondent ought to have taken possession of the premises either by express or by implied means.... The question is whether it is a case of cancellation of lease agreement or a surrender of lease. 11. Chapter V of the Transfer of Property Act dea...

...on 01.04.2014 and, thereafter, the said society represented by its correspondent, Mr. Sama Mohan Reddy had executed a registered surrender of lease deed bearing document No.5655 of 2014, dated...23.08.2017, there was no valid lease in favour of the petitioner herein. The lease deed bearing document No.576 of 2007, dated 16.10.2007 was not in existence in view of surrender of ...execution of registered surrender of lease deed bearing document No.5655 of 2014, dated 25.08.2014. Even then, the petitioner herein had submitted the lease deed bearing document No.576 ...

.... 4. Mr. Anurag Sharma, AAG has taken us to rules 18 and 21 of Rajasthan Minor Mineral Concession Rules, 1986 which reads as under:- The lessee may surrender the lease at any time by...case there are dues against the lessee, the surrender of lease shall be accepted after 6 months of the date of notice but where only one quarterly installment of dead rent is due against the lesse...and where there are no other breaches of the term of lease, the security of the lease shall be adjusted against dues and surrender shall be accepted with immediate effect; [Provided that where the...