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Section 112: Waiver of forfeiture

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 111 All 137 Sections of Transfer of Property Act Section 113
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Lease Sec 105

Legal Commentary & Landmark Judgments: Section 112

Section 112 codifies the doctrine of waiver of forfeiture, providing that a forfeiture under Section 111(g) is waived by the acceptance of rent which has become due since the forfeiture, or by distress for such rent, or by any other act on the part of the lessor showing an intention to treat the lease as subsisting.

  • Waiver by Acceptance of Rent: A forfeiture under Section 111, clause (g) is waived by acceptance of rent which has become due since the forfeiture.
  • Knowledge of Forfeiture Mandate: Acceptance of rent operates as waiver only if the lessor was aware that the forfeiture had been incurred at the time of accepting rent.
  • Distress or Affirmative Acts: Any affirmative conduct (e.g., demanding future rent, executing lease amendments) affirming subsistence of tenancy waives forfeiture.
  • Post-Suit Acceptance Protected: Acceptance of rent after instituting an ejectment suit does not waive forfeiture under the statutory proviso.
Key Landmark Precedents:
  • Associated Hotels of India Ltd. v. S.B. Sardar Ranjit Singh, AIR 1968 SC 933: The Supreme Court held that acceptance of rent accruing after a breach of covenant with full knowledge of the breach constitutes an unequivocal waiver of forfeiture under Section 112.
  • Shanti Prasad Devi v. Shankar Mahto, (2005) 5 SCC 543: The Supreme Court affirmed that acceptance of rent during the pendency of eviction proceedings does not operate as waiver under Section 112/113.
Courtroom Practice & Strategic Litigation Guidance:

Never accept or encash rent cheques after issuing a forfeiture notice under Section 111(g); accepting rent before filing the eviction suit operates as a fatal statutory waiver under Section 112.

Section 111 All 137 Sections of Transfer of Property Act Section 113