Write notes on the following: Surrender of Lease and its impact.

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 effects a 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 [Makhanlalv. Nagendranath, (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 Lalv. 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.