RAJEEV RANJAN BBA LLB SYMBIOSIS LAW SCHOOL , PUNE 3RD YEAR

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SECTION 105: Lease is when there is a transfer of rights of enjoyment of property In the concept of Lease, there is always a separation of ownership and possession Lease is transfer of right to enjoyment made for a certain time(express/ implied/ perpetuity) for a consideration(money/ price paid or promised for anything which has value) which should be paid periodically according to the terms and conditions entered into by transferor and transferee. Transferor : lessor Transferee: lessee Price: rent Property: leasehold

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If any person claims to the contrary that the lease was for a fixed term or to be a yearly lease instead of a lease from month to month he has to prove by legal, valid and reliable evidence. Therefore the burden lay upon the defendant to prove his contrary claim that lease was for a fixed term of five years and the lease would be entered at the option and wish of the lessee; Punjab National Bank v. Ganga Narain Kapur, AIR 1994 All 221. Service of notice Notice sent on correct address to addressee who refused to accept it. Presumption lies with regard to notice on addressee/defendant. It is addressee/defendant who has to prove that either notice was not sent on correct address or same was not served upon him; Kali Ram v. Mirza Wakar Ali, AIR 2005 NOC 296 (UP).

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Lease of immoveable property The legislature intended that a lease of immoveable property for a period of more than one year should be made by a registered deed. But if a lease of immoveable property for a term of more than one year is not made by a registered deed or is made orally, then in such cases the presumption about the duration of lease under section 106 will apply; Punjab National Bank v. Ganga Narain Kapur, AIR 1994 All 221. Lease not to apply agricultural lease Principle of section 107 which envisage mode in which lease is to be made do not apply to agricultural lease; Atar Singh v. Jiledar Singh, AIR 2005 MP 157. Nature of lease If a lease agreement is neither a registered document nor an oral agreement accompanied by delivery of possession, it cannot create lesser and lessee relationship. Such document shall not effect any immoveable property nor be received as evidence of any transaction affecting such property; Chemical Sales Agencies v. Naraini Newar, AIR 2005 Del 76.

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SECTION 108: RIGHTS AND LIABILITIES OF LESSOR AND LESSEE Rights of a Lessor: Does not provide for any specific rights of the Lessor, have to be identified through the duties. Right to know defects in the property which Lessee knew and didnt disclose Lessor has right to get back ownership of the property Lessor contracts with lessee that if there is a default in payment then Lessee will have possession In case of any default, Lessee has to vacate Duties of a Lessor: Duty to disclose latent material defect Duty to give possession Duty for a covenant for quite enjoyment of property by Lessee

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Successor in interest When right, title and interest in immoveable property stand transferred by operation of law, the spirit behind section 109 would apply and successor in interest would be entitled to the rights of the predecessor. Therefore the suit filed for ejectment filed by the successor Board was competent; Vasant Kumar Radhakishan Vora v. The Board of Trustees of the Port of Bombay, AIR 1991 SC 14. Absence of contract It appears from section 109 that provision stands only in the absence of any contract to the contrary; Nemai Basak v. Kalyani Rakshit , AIR 2005 Cal 163.

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SECTION 111: Under this section, a lease may be determined in the following situations: By lapse of time By happening of specified event By termination of lessors interest By merger By express surrender By implied surrender By forfeiture By expiry of notice to quit

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SECTION 112: There can be a waiver of forfeiture in 3 ways: If the Lessor accepts the rent due since forfeiture By distress for such rent- continuous harassment By any act on the part of the Lessor showing an intention to treat the lease as subsisting Proviso 1: if he accepts rent due after filing suit for ejectment, it will not amount to waiver Proviso 2: before waiver of forfeiture the lessor should be aware of the circumstances

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SECTION 113: This section applies to waiver of notice This right is waived by: An express or implied consent of the person to whom the notice is given. No waiver after expiry of notice By an act of a person giving notice showing intention of the lease as subsisting If he wants to eject again, Lessor has to serve a fresh notice TYPES OF LEASES: Permanent: No date of expiry given Where a tenancy is granted through a written instrument, the question whether it is permanent or not Depends on the terms of the agreement The object of the lease, circumstances in which it is granted and subsequent conduct of parties to be taken into consideration Tenancy at will:

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When determination upon will of Lessor/Lessee It is a part of permanent lease Comes to an end when: By giving away possession Death of landlord or tenant. Therefore, is not assignable When landlord or tenant assigns his interest Tenancy at sufferance If Lessee continues to stay in possession without consent of Lessor and enjoys the property Concept of consent is not there Comes to an end by forfeiture Tenancy by holding out: Section 116 If Lessee continues to stay without renewing the agreement and Lessor accepts this Concept of consent is there Comes to an end with forfeiture and giving notice

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SECTION 117: Exemption given to leases for agricultural purposes Object of exemption is to retain the established local usages and the statutory laws containing special provisions for agricultural holdings A mere fact that the lease relates to agricultural land doesnt make it a lease for agricultural purposes and isnt given exemption In the absence of local usages and laws, the provisions of section 106 to 116 are to be applied on grounds of equity, good conscience and justice.

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