Section 110: Exclusion of day on which term commences

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882

Legal Commentary & Landmark Judgments: Section 110

Section 110 regulates the computation of the term of a lease, providing that where the day of commencement is expressed, that day shall be excluded in computing the period, and establishing rules for leases determinable at will.

  • Exclusion of Commencement Date: Where time limited by a lease of immoveable property is expressed as commencing from a particular day, in computing that time such day shall be excluded.
  • Lease for Definite Term Termination: Where no day of termination is mentioned, lease terminates on the anniversary of the day following commencement.
  • Lease Terminable at Option: Where lease is expressed to be determinable at the option of the lessor, it is construed as determinable at the option of the lessee as well (reciprocal mutuality).
  • Lease from Month to Month / Year to Year: Synchronizes calculation of notice periods under Section 106.
Key Landmark Precedents:
  • Associated Hotels of India Ltd. v. R.N. Kapoor, AIR 1959 SC 1262: The Supreme Court analyzed the statutory computation of lease tenures, affirming that Section 110 calculation rules prevent premature forfeiture.
  • R.V. Bhupal Prasad v. State of A.P., (1995) 5 SCC 698: Affirmed that the date of commencement is excluded when calculating the expiration of fixed-term commercial leases.
Courtroom Practice & Strategic Litigation Guidance:

In calculating the exact expiry date of a 3-year commercial lease starting 'from 1 January 2024', exclude 1 January; the lease term concludes at midnight on 1 January 2027 under Section 110.