ES वे कौन सी दशाएँ हैं जिसके अनुसार स्थावर सम्पत्ति का पट्टा पर्यवसित (समाप्त) हो सकता है? विस्तार से वर्णन कीजिए।

Determination of a Lease of Immovable Property

A lease is a contractual agreement where the lessor (landlord) grants the lessee (tenant) the right to use immovable property for a specified period in exchange for rent or consideration. The lease can be terminated (determined) under specific conditions outlined in Section 111 of the Transfer of Property Act, 1882.

The conditions for the determination of a lease are:

1. By Lapse of Time (Section 111(a))

If a lease is for a fixed term (e.g., 1 year, 5 years, etc.), it automatically terminates when the period expires.
No separate notice is required unless specified in the lease agreement.
Example: If a lease agreement states a term of 3 years, the lease ends after 3 years without any further action.

2. By Happening of a Specified Event (Section 111(b))

If a lease is conditional upon a specific event, it ends when that event occurs.
Example: A lease of agricultural land until a crop is harvested ends once the crop is collected.

3. By Termination of Interest of Lessor (Section 111(c))

If the lessor loses ownership of the property (e.g., through sale, foreclosure, government acquisition), the lease automatically ends.
Example: A landlord sells the property, and the new owner does not wish to continue the lease.

4. By Merger of Rights (Section 111(d))

If the lessee becomes the owner of the property, the lease automatically merges into ownership and ceases to exist.
Example: A tenant buys the leased property from the landlord, thus ending the lease.

5. By Express Surrender (Section 111(e))

The lessee voluntarily surrenders the lease before expiry.
The surrender must be mutual and accepted by the landlord.
Example: A shop tenant hands over the keys and gives up possession before the lease term expires.

6. By Implied Surrender (Section 111(f))

A lease is considered surrendered implicitly when:
- The lessee gives possession to the landlord and stops paying rent.
- The lessee takes a new lease from the landlord under different terms.
Example: A tenant with a 5-year lease signs a new lease with higher rent for the same property, replacing the old lease.

7. By Forfeiture (Section 111(g))

A landlord can terminate the lease if the tenant:

Breaks a condition in the lease agreement.
Denies the landlord’s ownership (disclaimer of title).
Fails to pay rent despite a notice.

The landlord must give notice to the tenant before forfeiture.
Example: A tenant sublets the property despite a clause in the lease prohibiting subletting—this leads to forfeiture.

8. By Expiry of Notice to Quit (Section 111(h))

In case of periodic leases (e.g., month-to-month, year-to-year), either party can terminate the lease by giving proper notice.
The notice period depends on the type of lease:
- Monthly lease → 15 days’ notice.
- Yearly lease → 6 months’ notice.
Example: A landlord sends a notice to the tenant to vacate a rented apartment after 30 days.

Other Conditions of Lease Termination

1. Destruction of Property

If the leased property is destroyed (by fire, earthquake, flood, etc.), making it unusable, the lease automatically ends.

2. Insolvency or Death of Lessee

If a lease is personal in nature, it terminates upon the lessee’s death or insolvency unless otherwise agreed.

3. Government Acquisition of Property

If the government acquires the leased property under land acquisition laws, the lease ends automatically.

Conclusion

A lease of immovable property can be determined due to expiry of time, mutual surrender, forfeiture, destruction, breach of terms, or legal conditions. The Transfer of Property Act, 1882, ensures that both lessors and lessees have defined rights and obligations in lease termination.

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