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

 

Determination of Lease of Immovable Property

A lease is a transfer of the right to use immovable property for a specified time in exchange for rent or consideration. It is governed by Section 105 to 111 of the Transfer of Property Act, 1882 (TPA).

Conditions for Determination of Lease (Section 111, TPA, 1882)

A lease can be determined (terminated) under the following conditions:

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

• If the lease is for a fixed period, it automatically ends when the term expires.
• Example: A lease for 5 years will terminate at the end of the 5th year unless renewed.

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

• If the lease agreement provides for termination upon a specific event, the lease ends when the event occurs.
• Example: A lease agreement states that it will terminate if the tenant gets a government job. If the tenant gets the job, the lease is determined.

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

• If the lessor (owner) loses ownership rights (e.g., government acquisition, foreclosure by a bank), the lease automatically ends.
• Example: A landlord leases a house, but the house is seized by the government due to non-payment of taxes. The lease terminates.

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4. By Merger (Section 111(d))

• When the lessee (tenant) and lessor (owner) become the same person, the lease automatically ends.
• Example: A tenant buys the leased property from the landlord, merging both roles. The lease is terminated.

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

• The lessee voluntarily gives up the lease before its expiry by mutual agreement.
• Example: A shop owner with a 10-year lease agrees to end it after 6 years by signing a surrender deed with the landlord.

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

• When the tenant behaves in a way that implies surrender, the lease is considered terminated.
• Example: A tenant vacates the house and hands over the keys to the landlord without a formal termination notice.

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7. By Forfeiture (Section 111(g))

• The lessor can terminate the lease if the lessee:
  • Breach of lease conditions (e.g., subletting without permission).
  • Denies the lessor’s ownership (tenant refuses to recognize the landlord’s title).
  • Non-payment of rent after repeated demands.
• Example: A tenant refuses to pay rent for 6 months despite notices; the landlord can forfeit the lease.

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8. By Eviction Notice (Section 111(h))

• If the landlord or tenant gives legal notice to terminate the lease as per the agreement.
• Example: A month-to-month lease requires a 30-day notice before termination. If the landlord serves the notice, the lease ends.

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Conclusion

A lease can be determined through natural expiry, agreement, breach of conditions, or legal action. Section 111 of TPA ensures clear legal grounds for lease termination, protecting the rights of both landlords and tenants.