1932 (7) TMI 14

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..... f that share of the property in suit. Upon the findings arrived at by the Courts below, the plaintiffs were the holders of the superior interest in the property in question, which is a dwelling house in the sense that it is homestead land with huts standing thereon. Of the three tenants holding under the plaintiff, under a lease which gave no transferable right to the tenants, who were members of an undivided family, two of them surrendered their undivided two-thirds share to the plaintiffs who are not members of that family. The plaintiffs thereafter instituted the suit out of which this appeal has arisen, for partition, and the plaintiffs' claim in that behalf was resisted by the defendant as a member of an undivided family, who had a .....

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..... (1881) 19 Ch. D 22 and Attorney General v. Mitchell (1881) 6 QBD 548. As it has been said, the use of technical terms and technical language is necessary for the purpose of obviating the difficulty that arise by the use of popular expressions in regard to legal subjects. So far as the use of the word transfer in the Partition Act is concerned, the reasonable view to take is that it has been used in the same sense and in the same way as it has been used in the Transfer of Property Act, under which enactment transfer includes sale, 'mortgage, lease, exchange and gift, so far as vesting of title is concerned. It is worthy of note that the word surrender is used in the Transfer of Property Act in connexion with determination of a lease (Sec .....

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..... ving up of a right or interest, and was a transfer of her limited interest in the holding. If the observation of the learned Judges go against the meaning attaching to the word surrender so far as legal interpretation of the word is concerned, and if they go against the meaning of the word transfer as far as that meaning can be gathered from the statutory provisions contained in enactments relating to transfer of property, we dissent from those observations. There can be no doubt that a surrender in certain circumstances may amount to a transfer and operate as such. The case of Abdul Karim Mean v. Miajan Mianji (1916) 32 IC 232, decided by this Court is a typical case of that description. The learned Judges deciding that case, proceeded on .....

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