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Second Appeal No. 42 of 1962, decided on 15th January, 1968.
---------S. III‑Surrender of lease‑Appellant in possession of cabin attached to shop since 1948‑M, in occupation of shops (through agreement of sale dated 14‑11‑1957) selling his running business to B and authorising him to recover rent from appellant‑M, writing letter of surrender to landlords (,respondents) on 31‑10‑19,57 making no mention of termination of licence or lease of appellant‑Held, in such circumstances landlords (respondents) accepted B, as their tenant in place of M‑Held further, surrender in order to be effective in law for purposes of determination of tenancy must be accompanied by delivery of possession.
--------Ss. 115 & 105‑Surrender of lease‑Effect on sub‑lease‑Agreement of sale entitling purchaser of business to continue to recover rent from appellant‑Appellant in possession of cabin since 1948, that is, more than eleven years before respondents bought property‑Held, such period too long a period for licence and appellant ‑a sub‑tenant of cabin and not a licensee and his sub‑lease not affected by termination of tenancy of M..
Ahmed Saeed for Appellant.
Date of hearing : 15th January, 1968.
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