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15. By referring to the deed of modification and surrender dated 10th October, 2003, the respondents claim that simultaneously on execution of the said deed on 10th October, 2003, the Trust surrendered the lease by giving up possession of an area of 14.16 acres of land from the said property in favour of KMC. To support such claim, admission made by the Trust regarding surrender of lease in various parts of the said documents was referred to by the learned Counsel appearing for the respondents.

82. In such context, this Court is required to find out as to how far surrender of lease by an unregistered deed is valid.

Re: Effect of Surrender by an Unregistered Document.

83. The learned Counsel for the respondents strenuously argued in uniform voice that surrender of lease orally by delivery of possession, is well recognised in India.

84. The learned Advocate General, appearing for the State also submitted that no registered document is necessary for surrendering lease. In support of such submission, the learned Advocate General relied upon the following decisions of this Court:

(i) 28 CLJ 220 (Brojo Nath Sarma v. Maheswar Gohani and Ors.)
(ii) 22 CWN 441 (Elias Meyer and Bengal Coal Co. Ltd. v. Manoranjan Bagchi and Ors.)

85. Mr. Kapoor, learned Senior Counsel, appearing on behalf of the subsequent lessee, viz., WBTPO in connection with the application for injunction being G.A. No. 2196 of 2006 also argued in the same line by submitting that no deed in writing is at all necessary for surrender of lease.

86. Mr. Kapoor also submitted that surrender of lease by mutual agreement, is recognised in India. In support of such submission, Mr. Kapoor relied upon the following decisions of this Court:

(i) AIR 1919 Cal. 694 (Bengal Coal Co. v. Manoranjan),
(ii) AIR 1919 Cal. 840 (Abdul Majid v. Haricharan Halder and Ors.)

87. In both the aforesaid decisions, it was held that the provisions to Transfer of Property Act do not require a registered instrument to evidence surrender of lease. It was further held therein that even in this country, a surrender or relinquishment does not require to be in writing, but can be inferred from the acts of the parties.

88. No one can dispute such well-settled and well-recognized principle of law to the effect that surrender can be inferred from the acts of the parties. It is also universally accepted that no writing is necessary for surrender of lease. This necessarily follows that registered deed is not necessary to evidence surrender.