LEASE Section 108, 111, 112, 114, 114A
LEASE Section 108, 111, 112, 114, 114A
1. Right to enjoy the accretions to the leased property: If during the continuance of
violence of an army or of mob or other irresistible force, any material part of the
the purpose for which it was let,at the option of the lessee,the lease becomes
3. Right to repair property and deduct the cost from rent: If the lessor neglects to
make within a reasonable time after notice, any repairs which he is bound to
make to the property, the lessee may make the same himself, and deduct the
expense of such repairs with interest from rent or otherwise recover it from the
lessor. S 108(f)
Lessors’ obligation to repair the premises overrides lessee’s right for quite
enjoyment.
4. Right to make obligatory payment and recover: If the lessor neglects to make any
himself and deduct it with interest from rent or otherwise recover it from the
lessor. S 108(g)
5. Right to remove the fixtures made during tenancy: the lessee may even after the
property leased, all things which he has attached to the earth, provided he leaves
duration determines by any means except due to fault of lessee,he or his legal
representative is entitled to all the crops planted or sown by the lessee and
growing upon the property when the lease determines, and to free ingress and
7. Right to sub-let the property: The lessee may transfer absolutely or by way of
mortgage or sub-lease,the whole or any part of his interest in the property and
any transferee of such interest or part may again transfer it. In such a case the
lessee does not by reason only of such transfer cease to be subject to any of the
estate in respect of which default has been made in paying revenue, lessee of an
1. Duty to disclose facts materially increases the value of Property: the lessee must
disclose to the lessor any fact which materially increases the value of such
interest. S 108(k)
2. Duty to pay rents: the lessee must pay the premium and rent to the lessor at the
3. Duty to maintain property: The lessee must keep the property in good condition.
or any proceeding to recover the property, he must inform the lessor about the
5. Duty to use property reasonably: The lessee must use the property as a man of
ordinary prudence would use his own, but he cannot use it for any other purpose
or commit any act which may destroy or permanently injure the property. S
108(o)
6. Duty not to erect permanent structure: Without the lessor's consent, the lessee
7. Duty to restore the possession: When the lease is over, the lessee must put the
Determination of lease
E.g. if a lease is for twenty years and at the same time made conditional upon life
of lessee, the lease terminates on the death lessee, even if death of lessee takes
place within stipulated period of twenty years; if the lessee does not die within
terminate on the happening of some event- when that event happens. S 111 (c)
This clause operates in cases where the lessor has only limited interest or limited
E.g. a lease by hindu widow who is entitled only to a life-estate terminates on her
death.
Nemo potest tenens et deminus: nobody can be both, land-lord and tenant of the
same property.
Merger may take place either by act of parties (sale, gift) or by operation of law
6. By implied surrender by lessee: if a lessee accepts from his lessor a new lease of
leased property to take effect during the continuance of existing lease, this is an
implied surrender of former lease, and such lease terminates thereupon. S 111
(f)
b. By relinquishment of possession.
7. By forfeiture: loss of lessee’s right to use the property by spome fault on his part
S 111 (g):
c. Insolvency of the lessee: lease does not terminate ipso facto. Written
quit (or of intention to quit) the property leased duly given by one party to the
acceptance of rent which has become due since the forfeiture, or by distress for such
rent(seize a tenant's goods to secure payment of rent arrears), or by any other act on
the part of the lessor showing an intention to treat the lease as subsisting:
Provided that the lessor is aware that the forfeiture has been incurred:
Provided also that, where rent is accepted after the institution of a suit to eject the
114. Relief against forfeiture for non-payment of rent: Where a lease of immovable
property has determined by forfeiture for non-payment of rent, and the lessor sues to
eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the
rent in arrear, together with interest thereon and his full costs of the suit, or gives such
security as the Court thinks sufficient for making such payment within fifteen days, the
Court may, in lieu of making a decree for ejectment, pass an order relieving the lessee
against the forfeiture; and thereupon the lessee shall hold the property leased as if the
➔ The right of the landlord to get the tenant evicted is restricted under the
Rent Act.
➔ As the law restricts the power of the landlord to evict the tenant except in
accordance with the provisions of Rent Act section 114 is not attracted.
➔ Once the requirements of Rent legislation are satisfied, the tenant cannot
claim the double protection of invoking the provision of Transfer of
Property Act
114-A. Relief against forfeiture in certain other cases: Where a lease of immovable
provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie
unless and until the lessor has served on the lessee a notice in writing:
B. if the breach is capable of remedy, requiring the lessee to remedy the breach;
and the lessee fails, within a reasonable time from the date of the service of the notice,
Nothing in this section shall apply to an express condition against assigning, under-