ORDER : This civil revision petition arises out of small cause suit No. 4369 of 1959 filed by the respondent herein for recovery of arrears of rents in respect of No. 7 Sivan Koil South Tank St. Villivakkam, for the months of February 1958 to the end of June 1959 amounting to Rs. 340. The defence to the suit was that he surrendered the premises in the end of December 1957 and as such the plaintiff was not entitled to the rent.

2. The facts necessary for the disposal of this revision are as follows. The defendant admitted that he took the above said promises for rent and continued till 14-12-1957 when he vacated it delivering the key of the premises to the plaintiff through his counsel which the plaintiff refused to receive. Therefore, according to the defendant, he was not liable to pay the rent. The first court found that there was surrender of the suit premises on 14-12-1957, and therefore the defendant was not liable to pay rent. On appeal it has been reversed.

3. The only question that has to be considered in this petition is whether there was surrender by the lessee as contended by him. It is settled law that the surrender may be either express or implied. Express surrender need

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