In the light of judicial pronouncements, discuss the following: Surrender of lease is not a transfer but a mere yielding up by the lessee of his interest under the lease to the lessor by mutual agreement.

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 [Makhanlal v. Nagendranath, (1933) 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 Lalv. Durga Narain, AIR 1940 All. 317) It may be expressed or implied. A surrender may be oral, if accompanied by delivery of possession.