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CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY

Section 106: Duration of certain leases in absence of written contract or local usage

The Transfer of Property Act, 1882

1[(1) In the absence of a contract or local law or usage to the contrary, a lease of immovable property for agricultural or manufacturing purposes shall be deemed to be a lease from year to year, terminable, on the part of either lessor or lessee, by six months’ notice; and a lease of immovable property for any other purpose shall be deemed to be a lease from month to month, terminable, on the part of either lessor or lessee, by fifteen days’ notice.

(2) Notwithstanding anything contained in any other law for the time being in force, the period mentioned in sub-section (1) shall commence from the date of receipt of notice.

(3) A notice under sub-section (1) shall not be deemed to be invalid merely because the period mentioned therein falls short of the period specified under that sub-section, where a suit or proceeding is filed after the expiry of the period mentioned in that sub-section.

(4) Every notice under sub-section (1) must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property.]

Footnotes in the official text

  1. 1.Subs. by Act 3 of 2003, s. 2, for s. 106 (w.e.f. 31-12-2002).

Questions on this section

10 questions in 26 of our papers cite Section 106. Try these from the free papers:

  1. 1. Under Section 27(2)(a) of the Karnataka Rent Act, 1999, eviction may be ordered if the tenant has neither paid nor tendered the whole of the arrears of rent and other charges legally recoverable from him within what period from service of a notice of demand under Section 106 of the Transfer of Property Act, 1882?

  2. 2. Consider the following statements under Section 106 of the Transfer of Property Act, 1882, as substituted in 2002: 1. A notice is invalid if the period mentioned in it falls short of the statutory period, even where the suit is filed after the statutory period has expired. 2. The period of notice under sub-section (1) commences from the date of receipt of the notice. 3. Every notice under sub-section (1) must be in writing and signed by or on behalf of the person giving it. Which of the statements given above is/are correct?

  3. 3. Under Section 8 of the Delhi Rent Control Act, 1958, a lawful increase of rent becomes due and recoverable only for the period of tenancy after the expiry of how many days from the date on which the landlord's notice of increase is given?

Practise questions on Transfer of Property Act