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'Though learned counsel on both sides suggested certain questions of law we are not inclined to set those questions, for, it is open 10 the Division Bench to formulate such substantial questions of law which would arise and which requires to be answered in the Second Appeal. If no such substantial question of law is actually involved in the appeal there is no scope for entertaining the Second Appeal."
It is in the above circumstances that the Second Appeal has come before us.

11. Shri. P. Sukumaran Nair, learned Senior counsel appearing for the appellant submitted that in the light of the execution of Ext. A1 lease, there is express surrender of the previous lease and the parties are governed by the terms of Ext. A1. According to him, Ext. A1 definitely shows that it is only a lease of building and land and if that be so, the provisions of S. 106 of the Kerala Land Reforms Act do not come into play. According to him, even if the original lease was granted for the purpose of construction of the buildings and sheds, when that lease had expired, and a fresh lease has been executed, there is surrender of the previous lease and hence, the right of the party has to be adjudged on the basis of the new lease. The sum and substance of the argument of the counsel for the appellant is that the terms of Ext. A1 should be looked into and if it is looked into, it can be seen that the petitioner is not entitled to the benefit of S. 106 of the Kerala Land Reforms Act. It was further contended that in Ext. B9 lease, it has been stated that if the tenant had constructed the building with the materials supplied by the landlord agreeing to take the building as the landlord's building and to pay rent on that footing, can he contend that the building is his own? Since no building was constructed pursuant to Ext. A1 lease, is he entitled to the benefit of S. 106 of the Kerala Land Reforms Act.

"111. A lease of immovable property determines:
(a) .....
(b) .....
(c) .....
(d) .....
(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease, to the lessor by mutual agreement between them.
(f) by implied surrender."
Mulla on the Transfer of Property Act, Seventh Edition at page 741, it is stated thus: "A surrender is an yielding up of the term of the lessee's interest to him who has the immediate reversion or the lessor's interest. It takes effect therefore like a contract by mutual consent, on the lessor's acceptance of the act of the lessee". The surrender is either express or implied. The Author further states as follows: "Express surrenders are in England required by the Statute of Frauds to be in writing. No such formality is necessary in India. A deed of surrender need not be registered, if there are facts de hors. No particular form of words is essential to make a good surrender." At page 742, the Author describes regarding the implied surrender which reads thus: "Implied surrender or surrender by operation of law occurs (1) by the creation of a new relationship, or (2) by relinquishment of possession..... If the lessee accepts a new lease, that in itself is a surrender of the old lease, for the new lease could not be granted unless the old was surrendered".