Section 111: Determination of lease

Transfer of Property Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1882
Statutory Defined Terms in this Section: (Click any term for official legal definition)

Legal Commentary & Landmark Judgments: Section 111

Section 111 of the Transfer of Property Act, 1882 defines the eight statutory modes by which a lease of immovable property determines, including efflux of time, forfeiture, and notice to quit.

  • Eight Modes of Determination: Section 111 enumerates the eight distinct grounds upon which a lease of immovable property determines, including lapse of time, happening of a specified event, merger, surrender, and forfeiture.
  • Mandatory Written Forfeiture Notice: To determine a lease by forfeiture under clause (g), the lessor must serve a written notice on the lessee expressing the intention to terminate the tenancy, which serves as an indispensable condition precedent to eviction.
Key Landmark Precedents:
  • V. Dhanapal Chettiar v. Yesodai Ammal (1979) 4 SCC 214: The Supreme Court settled that determination of a lease under Section 111 is the general law method of ending tenancy, but where rent control acts apply, tenant eviction can occur only on specific statutory grounds provided in rent legislation.
  • Shanti Prasad Devi v. Shankar Mahto (2005) 5 SCC 543: The Supreme Court held that a lease determines automatically upon efflux of time under Section 111(a). An expired lease is not renewed by mere continuous occupation unless the landlord accepts rent and assents to holding over under Section 116.
Legal Commentary:

Under Section 111(a), when a fixed-term lease expires (e.g. at the end of 11 months or 3 years), the tenancy terminates automatically by efflux of time without requiring any notice to quit. The landlord can immediately institute a suit for possession, unless the landlord accepts subsequent rent, which triggers a holding-over tenancy under Section 116.