In the light of Judicial pronouncement(s) discuss the following: Surrender of Lease is not a transfer.

Surrender of lease is not 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 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 (Makhanlal v. Nagendranath, (1993) 60 Cal 379). 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 v. 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. A surrender may be oral, if accompanied by delivery of possession.