Section 111 TPA: Determination of lease

CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY · A.—Rights and liabilities of the lessor. B.—Rights and liabilities of the lessee

Section 111: 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, the happening of any event—by the happening of such event:

(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right:

(e) by express surrender; that is to say, in case the lessee yields up his interest under the lease to the lessor, by mutual agreement between them:

(f) by implied surrender:

(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter ¹***; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; ²[or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event]; and in ³[any of these cases] the lessor or his transferee ⁴[gives notice in writing to the lessee of] his intention to determine the lease:

(h) on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.

Illustration to clause (f)

A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon.

Footnotes in the official text

1.The words “or the lease shall become void” omitted by Act 20 of 1929, s. 57.
2.Ins. by s. 57, ibid.
3.Subs. by Act 20 of 1929, s. 57, for “either case”.
4.Subs. by s. 57, ibid., for “does some act showing”.

Questions on this section

5 questions in 22 of our papers cite Section 111. Try these from the free papers:

1. Under Section 111(g) of the Transfer of Property Act, 1882, the adjudication of the lessee as an insolvent is a ground on which the lease may determine by forfeiture only where:
2. Match List I (event) with List II (clause of Section 111 of the Transfer of Property Act, 1882 under which the lease determines): List I A. A lease for five years; the five years run out B. A lease for ten years, to end earlier if the lessee is transferred out of the city; the lessee is so transferred C. A lease granted by a lessor who holds only a life estate; the lessor dies D. A notice to quit, duly given by the lessor to the lessee, expires List II 1. Clause (h): expiration of a notice to quit 2. Clause (c): termination of the lessor's interest on the happening of an event 3. Clause (a): efflux of the time limited by the lease 4. Clause (b): happening of the event on which the time is conditionally limited Select the correct code: