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Judgment
John Woodroffe, J.—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."
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.
This appeal is, therefore, dismissed with costs.
Charles Chitty, J.
I agree.
Syed Shamsul Huda, J.
I also agree.