Explain the following: Why surrender of lease is not a transfer ?

Answer 2(b) Surrender of lease is not a transfer but mere yielding up by the lessee of his interest under the lease to the lessor by mutual agreement. It is in effect merger of the estate of the lessee into the reversion. It is not a transfer or an assignment of any right or estate within the meaning of Section 5 of the Transfer of Property Act ( Makhan Lal vs Nagendra Nath, (1933) 60 Cal 379 ). The person who surrenders is called the surrenderer and the person to whom surrender is made is called the surrenderee. A surrender must be made with clear intention to yield up as mere non-payment of rent for years together or abandonment of the site does not amount to surrender ( Misri Lal vs Durga Narain, AIR 1940 All. 317 ). A Requisition Order by the Government does not amount to any surrender ( Torabai v. Padan Chand, 62 CWN 176 ). It may be expressed or implied. Except in a case of some special kinds of lease as required by special Act, no writing or registration is necessary. A surrender may be oral, if accompanied by delivery of possession.