Calcutta High Court
Sheikh Tamiz Munshi Alias Tamizud-Din ... vs Bisweswari Debyachowdhurani on 29 April, 1918
Equivalent citations: 46IND. CAS.862
JUDGMENT John Woodroffe, J.
1. In my opinion there was in fact a surrender of the whole holding. I agree with Mr. Justice Newbould when he says: "It may be conceded that relinquishment of the holding means a relinquishment of the whole holding but the whole holding has been surrendered. The part sold to the defendant-appellant was expressly surrendered and the taking of a new settlement of the remainder of the holding operated in law as an implied surrender of the remaining portion."
2. It has been said that this is a new case. It, however, arises as a point of law on the admitted facts, and on the findings of the facts as found by the Subordinate Judge.
3. This appeal is, therefore, dismissed with costs.
Charles Chitty, J.
4. I agree.
Syed Shamsul Huda, J.
5. I also agree.