Trace Your Case

ISSUE:

Whether or not the lease deed evidences a perpetual grant to the lessee on the terms and conditions contained in the lease deed?

RULE:

It is always open to a lessee of whatever description to surrender his leasehold interest to the lessor, by mutual consent. The surrender was to be in express terms agreed to by the parties, at any time after the lapse of the initial period of twenty years. Such a stipulation for the benefit of the lessee cannot be construed as in derogation of the permanency of the tenure, if the parties otherwise agreed to create such a tenure.

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