Turning now to the last of the contentions of the appellant 's counsel viz. that by reason of the respondents having agreed to take limited tenancy rights under the order of the Rent Controller for a period of two years commencing from 1.3.1976 they must be deemed to have impliedly surrendered their earlier tenancy rights as envisaged under Clause (f) of Section 111 of the Transfer of Property Act, it has no merit in it because, the High Court has rightly pointed out after referring to Does d. Earl of Egrement vs Courtenay, and some decisions of the High Courts, that when a new lease does not pass are interest according to the contract the acceptance of it will not operate as a surrender of the former lease; that, in the case of a surrender implied by law from the acceptance of a new lease,the condition ought also to be understood as implied by law, making void the surrender in case the new lease should be made void.