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Section 117: Exemption of leases for agricultural purposes

Transfer of Property Act • Official Statutory Text & Practice Guide

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Act 1882
Section 116 All 137 Sections of Transfer of Property Act Section 118

Legal Commentary & Landmark Judgments: Section 117

Section 117 exempts agricultural leases from the provisions of Chapter V (Leases), subject to the State Government's power to extend any of its provisions by official notification.

  • Agricultural Lease Exemption: None of the provisions of this Chapter apply to leases for agricultural purposes, except in so far as the State Government may by notification declare all or any of such provisions to be so applicable.
  • Local Tenancy Acts Precedence: Agricultural leases are governed by state-specific agrarian reforms and tenancy enactments (e.g., UP Zamindari Abolition Act, Maharashtra Tenancy Act).
  • Equity and Justice Principles: Where state tenancy acts are silent, civil courts apply the broad equitable principles of Chapter V (e.g., reasonable notice to quit) to agricultural tenancies.
Key Landmark Precedents:
  • State of U.P. v. District Registrar, (2006) 3 SCC 430: The Supreme Court noted that agricultural tenures are governed by state land reforms, exempt from standard TPA lease provisions under Section 117.
  • Mohar Singh v. Devi Charan, (1988) 3 SCC 63: Affirmed the application of equity principles to agricultural leases where local statutes contain no contrary rule.
Courtroom Practice & Strategic Litigation Guidance:

In disputes involving agricultural lands, verify whether the dispute falls within the exclusive jurisdiction of the Revenue Court (SDM/Tehsildar) under state agrarian statutes rather than civil court under Section 117.

Section 116 All 137 Sections of Transfer of Property Act Section 118