Where a lease of immovable property has been determined by forfeiture for non-payment of rent, and the lessor sues to eject the lessee, if, at the hearing of the suit, the lessee pays or tenders to the lessor the rent in arrear, together with interest thereon and his full costs of the suit, or gives such security as the Court thinks sufficient for making such payment within fifteen days , the Court may, in lieu of making a decree for ejectment, pass an order relieving the lessee against the forfeiture;
and thereupon the lessee shall hold the property leased as if the forfeiture had not occurred.
Legal Commentary & Landmark Judgments: Section 114
Section 114 of the Transfer of Property Act, 1882 grants the court equitable discretion to give relief against forfeiture of a lease for non-payment of rent upon payment of arrears with interest and costs.
This statutory framework establishes clear operational guidelines, balancing legal compliance with procedural safeguards.
Section 114 operates only where forfeiture is based strictly on non-payment of rent under Section 111(g). It does not apply where the lease has expired by efflux of time under Section 111(a) or where the tenancy was terminated by a notice to quit under Section 106.