Supreme Court of India
P.M.C. Kunhiraman Nair v. C.R. Naganatha Iyer and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that the plaintiffs- D respondents, by executing the agreement (Ex. 83) dated March 22, 1955, had impliedly surrendered their leasehold rights in the suit property in favour of T.M. Rama Iyer and on the date of the filing of the present suit they had no subsisting leasehold interest in the same.
Judgment, page 13
From the headnote
y Transfer of Property Act, 1882: Section 111 (f). Lease-Detennination of-Implied surrender--Agreement-lmplied _.. su"ender of leasehold rights in property-Suit for recovery of possession not c t ----" - maintainable subsequent to surrender of right. Doctrine of Merger--Trial Court-Judgment of-Appeal-Decision of ~ High Court-Held judgment of Trial Court stood merged in the judgment of High Court. Respondents No. 1 to 5 entered into an agreement with the appellant whereunder the appellant advanced money to the respondents and the respondents entrusted the management of their property,
Where later benches applied it
Of those, 1 mentioned
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