Lease and rights and liabilities of the lessor and lessee, section (105-111) TPA

Section 105:- definition of lease

A lease can only be granted of an Immovable property and not of a movable property. Under Section 3 of this act, the expression “Immovable property” has been defined in consonance with   which standing timber, growing crops or grass are specifically debarred from immovable property.

  1. A lease is known as, of immovable property is a transfer of a right to enjoy such property made for a certain time (express or implied) , or in perpetuity , in consideration of a: 
  • Price paid or promised, or 
  • Money 
  • A share of crops 
  • Service, or 
  • Any other object of importance
  1. To be cause to be occasionally or on specified occasions to the transferor through the transferee, who accepts the transfer on such conditions

Lessor, Lessee, Premium and Rent 

  • The money, share , service or other thing to be so rendered is called the rent 
  • The price is called the premium  
  • The Transferee is called the lessee  
  • The Transferor is called the lessor 

Section 106:-

Section 106 talks about duration of lease in the nonappearance of the lease agreement. It lies down so as to in the nonappearance of a contract; lease can be finished by in cooperation by the parties to the lease by means of subject a notice to relinquish.

  • If a property is used for agriculture or manufacturing purpose, then such lease shall be considered for year to year.
  • And if any of the parties wants to terminate the lease of above mentioned purpose then they have to send notice to other party for 6 months
  • And if the property is used for any other purpose, then such shall be considered month to month.
  • And if the parties want to terminate the lease of above mentioned purpose then they have to send notice to other party for 15 days.

Section 107:- 

This section says about the lease of immovable property as of year to year or intended for any term over and above one year or reserving a yearly rent can be made barely by a registered instrument.

Section 108:- rights and liabilities of the lessor and lessee

Rights of lessor

  • Right  to an accretions- 

If for the duration of the tenancy period or during the period of the tenancy any supplementary accumulation or adding together is made in the property subsequently the lessor is at liberty to such property. Such accumulation can be normal or through the expenditure of the lessee however subsequent to the annihilation of the tenancy period, the lessee must convey the description to the lessor.

  • Right to collect the rent- 

The lessor has the right to collect rent or any outward appearance of consideration while mentioned in the terms and conditions of the contract beginning the tenant devoid of any variety of interruptions.

 And he has right to determinate the lease if the lessee acts or perform in breaking to lease agreement.

Liabilities of the Lessor

Duty of the Disclosure

It is the duty of lessor in the direction of disclose the entire the defects of the property to the lessee as per section 108(a) of TPA 

Duty to give the possession

Lessor has to provide the possession of the property toward the lessee as per section 108(b) of TPA.

Covenant for quiet enjoyment

Lessor should not get in the way in the midst of the enjoyment of lessee as per section 108 (c) of TPA

Rights of Lessee

  • Right to accretion

If during the term period of lease, the leased land gets accreted then such accumulation shall represent the part of leased land and lease and lessee will have the right to enjoy the land by way of such accretion. And if termination happens then, lessee will be under responsibility to give up the accretion.

  • Right to repair the property

When lessee provides notice to lessor to repair a fault moreover the prior abandons to do similar surrounded by sensible time, then in such an event, lessee has a right to repair the imperfection in property and toward take away the expenditure acquired of such repair as of the interest of rent or recover as of lessor.

  • Right to make payment

In this, at what time a lessor is under responsibility to make a payment like Taxes, bills, et cetera. furthermore he fails to do, such payment being recoverable as of lessee or property, is made through lessee after that he has right to recover such payment amount as of lessor or to subtract it from the interest of rent.

  • Right to remove the fixtures

In this, lessee has right to remove any fixture which is attached toward the property throughout the period of lease agreement and even as he is in possession of land. But later than the annihilation of lease, he in not at liberty to remove any fixture somewhat, he is under duty to leave the land in the identical circumstances as it was previous to lease agreement.

  • Right to have benefit of crops

It is a right in at what time the lease is of not mentioned period and ceases to activate owing to any grounds except not due to mistake of lessee, after that in such a circumstances lessee or his legal representative are permitted to obtain the entire the crops planted or sown by lessee along with growing ahead on such land at the annihilation of lease.

Liabilities of the lessee

  • Duty of disclosure

In this liability, the lessor is bound to reveal any form of an objects defect in the property. There are two kinds of defects:

  • The latent defect- 

Latent defect cannot be discovered reasonably or else all the way through inspection via the lessor.

  • The apparent defect-

Apparent defect can be without difficulty discovered all the way through some inspection.

Consequently essentially a lessor shall disclose any obvious defect to the lessee moreover it is very important to disclose such defects as they obstruct through the pleasure of the property by the lessee.

  • The duty  to pay the rent– 

In this, the lessee is beneath responsibility to pay or tender rent or premium to lessor or his agent at appropriate time and place as decided in lease harmony.

  • The duty to maintain property- 

In this, lessee is bound to maintain the property in superior stipulation and not to obliterate or grounds damage to property which disgrace its worth. Furthermore, on determination of lease, the lessee be supposed to make in no doubt with the intention of property is restored to lessor in good situation. The barely exception fond of, to this legal responsibility is that he is not responsible meant for any change made in property due to reasonable appealing force. 

The lessee is supposed to permit lessor and his agents to go into in the lead his land to examine the clause of property at the entire reasonable times. Proviso the lessor points any imperfection caused by wrongful act of lessee, then lessor should provide notice of identical to lessee and later is bound to create it good or repair in three months from date of notice.

  • The duty to provide notice of any encroachment- 

Wherever lessee came to be familiar with on the subject of any “proceeding of recovering land or else any part of it” otherwise of any “infringement or interference made in the right of lessor” after that he has to let know the lessor regarding this fact therefore, he may opportune get an action to protect his interest.

  • The duty to the restore possession- 

Subsequent to the determination of the lease, the lessee must reinstate the possession of the property toward the lessor. If the lessee does not check out of the grounds thus far following the expiry of the notice, the lessee is after that bound to pay the damages. 

Section 109:-rights of lessor transferee

This section says that however lessor shall not by reason of such transfer lease to be subject matter to any of the liabilities compulsory in the lead him by the lease.

Section 110:- exclusion of day on which term commences

Section 110 of this act says that, wherever the period inadequate through a lease of immovable property is uttered as beginning from a exacting day, in computing so as to time such day shall be barred. In this, no day of beginning is named; the time consequently limited begins as of the creation of the lease.

Section 111:- the determination of lease

  • A lease is determinate after the expiry of the specified time period.
  • If the duration of the lease is pending the happening of some occurrence along with when so as to event happens the lease is determinate.
  • If the interest of the lessor, in the property is to determinate the lease on the happening of some occurrence as well as when the event happens the lease is determinate.
  • When the lessee admit defeat through involving.
  • When in cooperation of the lessor and lessee equally have the same opinion to end the contract.

On the expiry of a notice which specifically put into words the purpose to determinate the vacancy along with such notice must be utter.

  • Throughout forfeiture which lawfully permits a lessor to re-enter also get back his property.
  • Proviso the interest in cooperation of the lessor and the lessee in the entire property become vested at the same time in one person in the similar right, after that through the operation of law amalgamation takes place.
Author: Megha Jain

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