Section 108 of Transfer of Property Act

Rights and liabilities of lessor and lessee.— In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them as are applicable to […]

Section 109 of Transfer of Property Act

Rights of lessor’s transferee.— If the lessor transfers the property leased, or any part thereof, or any part of his interest therein, the transferee, in the absence of a contract to the contrary, shall possess all the rights and, if the lessee so elects, be subject to all the liabilities of the lessor as to […]

Section 110 of Transfer of Property Act

Exclusion of day on which term commences.— Where the time limited by a lease of immoveable property is expressed as commencing from a particular day, in computing that time such day shall be excluded. Where no day of commencement is named, the time so limited begins from the making of the lease. Duration of lease […]

Section 111 of Transfer of Property Act

Determination of lease.— A lease of immoveable property determines—(a) by efflux of the time limited thereby:(b) where such time is limited conditionally on the happening of some event—by the happening of such event:(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, […]

Section 112 of Transfer of Property Act

Waiver of forfeiture.— A forfeiture under section 111, clause (g) is waived by acceptance of rent which has become due since the forfeiture, or by distress for such rent, 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 […]

Section 113 of Transfer of Property Act

Waiver of notice to quit.— A notice given under section 111, clause (h), is waived, with the express or implied consent of the person to whom it is given, by any act on the part of the person giving it showing an intention to treat the lease as subsisting. Illustrations (a) A, the lessor, gives […]

Section 114 of Transfer of Property Act

Relief against forfeiture for non-payment of rent.— Where a lease of immoveable 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 […]

Section 115 of Transfer of Property Act

Effect of surrender and forfeiture on under-leases.— The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; […]

Section 116 of Transfer of Property Act

Effect of holding over.— If a lessee or under-lessee of property remains in possession thereof after the determination of the lease granted to the lessee, and the lessor or his legal representative accepts rent from the lessee or under-lessee, or otherwise assents to his continuing in possession, the lease is, in the absence of an […]