SECTION 111 (g) to (h) OF THE TRASNFER OF PROPERTY ACT,

1882

By

Name of the Student: Pranay Bhardwaj

a a a a a

Roll No.: 2019116 a a

Semester: IV a

Name of the Program: 5 year (B.A., LL.B.)

a a a a a a a

Name of the Faculty Member

a a a a

Mr. P.Jogi Naidu sir

a a a a

DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

a a a a

NYAYAPRASTHA “, SABBAVARAM, a a a

VISAKHAPATNAM – 531035, ANDHRA PRADESH a a a a

 ACKNOWLEDGEMENTS

I would like to express my special thanks of gratitude to our lecturer P. Jogi Naidu Sir who
has given me the golden opportunity to do this wonderful project on the topic “SECTION
111 (g) to (h) of Transfer of Property Act, 1882” which also helped me in doing a lot of
research and through which I came to know so many new things. I am really thankful to him.
 TABLE OF CONTENTS

TOPIC PAGE NO:

SYNOPSIS 1
LIST OF CASES 4
INTRODUCTION 5
ESSESNTIAL ELEMENTS OF LEASE 6
DIFFERENCE BETWEEN AGREEMENT 7
TO LEASE AND LEASE
TERMINATION OF LEASE DEED 9
S.111(g) 10
S.11(h) 16
CONCLUSION 22
 SYNOPSIS

Introduction :-
The transfer of immovable property may take place when it is passed from one person to the
next. To make the transfer legal, the individual must be able to form a contract and the
transaction must not be prohibited by law. Sections 105 to 117 of the Transfer of Property
Act of 1882 deal with leases. Only immovable property is eligible for a lease. A lease is the
right to use movable land for a set period of time or indefinitely. However, unlike in a sale,
the transfer of immovable property is not absolute in a contract. The right of possession and
the right of ownership are distinct.

Objective of Study :-
The main aim and objective of the project is to make a detailed study on the process of
extradition in India along with the Indian Extradition Act, 1962.

Scope of Study :-

The study analysis the ways in which a lease can be determined under S. 111 of the TPA.
Also the main sub sections; 111(g), (h) will be looked into with detail.

Research Question :-

1. Whether on alienation of title by tenant, the landlord can re-enter the property
and take possession of it?
2. Whether the landlord must prove from the notice that he requires the land for
personal use?

Significance of Study :-
Lease is one of the ways to move immovable property for a set period of time. A lease is a
contract that transfers an interest in a property for a set period of time without transferring
ownership. Instead of transferring ownership, a lease transfers the right of possession. The
lessor is the one who transfers the property and the lessee is the one who enjoys it for a
period of time.

Research Methodology :-
The researcher has used doctrinal and analytical method of research. The researcher has
confined her study to various books and articles related to Transfer of Property Act.

Literature Review :-

Dr. Avatar Singh, The Transfer Of Property Act, 1882. (6 th ed. 2019). Universal Lexis
Nexis :-
This book is the clearest and most in-depth review of the different parts of the 1882 Transfer
of Property Act. The book is a section-by-section commentary with examples and judicial
precedents that explains the concepts in depth. The chapters' text is divided into headings and
subheadings, making it simple for readers to understand and recall. The book has included
short notes, frequently asked questions, and some practical problems with their answers at the
end of these pages, with the aim of providing an exhaustive coverage of the topic at hand.

R.K Abichandani, Mulla on the Transfer of Property Act,1882. (18 th ed.1995). N.M
Tripathi (P) Ltd, Bombay :-

It's fascinating to read the book, which is primarily a section-by-section commentary but also
contains the merits of both section-by-section and lecture-by-lecture commentaries, as
corelated issues are addressed within each section. The book is divided into eight chapters,
with a brief but powerful "introduction" at the beginning. The book's introduction is largely
based on the act's preamble. I'm in charge of the enactment's goals and reach. The Act's scope
encompasses its subject matter restrictions, as well as its mode of transfer and territorial
jurisdiction. In the introduction, there is a brief mention of various amendments. Each chapter
in the book is written in a consistent and lucid style, with simple legal exposition. Since the
Act is not exhaustive and does not claim to be a full code, it must be read in conjunction with
similar clauses in other laws. The book integrates both of these applicable rules, as well as the
Benami Transactions Act of 1988, which had a significant impact on the provision of
Transfer by ostensible holders, and sets it apart from other textbooks on the subject.
 LIST OF CASES

1. Raunak Ram V. Pishori Singh

2. Girdhari Singh.V. Megh Lal Pandey (1918) 45 Cal 87
3. Chapsibhai.V. Puroshottam AIR 1971 SC 1878
4. Nil Madhab V. Narottam (1890) 17 Cal.826
5. Guru Amarjit Singh V Rattan Chand And Othersair 1994 SC 227
6. Narendra Vyankrtesh Tambat v. Praveen Kumar Khushalchand Tated AIR 2015 NOC
1279 BOM
7. Vijay Kumar & Ors Vs Harbhajan Singh & Ors AIR 34 SCC 436
8. Asghar v U.P, Government AIR 1954 All 649
9. Dagger V Shepherd [1946] 1 All ER 133
10. Achintya Kumar Saha v. Nanee Printers (2004, 12 SCC 368)
 INTRODUCTION

Property transfer is not feasible for anyone in India due to financial constraints. For some
people, a permanent or absolute transfer is a privilege, but a temporary transfer has given
every person the right to enjoy any land. Lease is one of the ways to move property for a
set period of time. A lease is a contract that transfers an interest in a property for a set
period of time without transferring ownership. The right of possession is transferred rather
than the right of ownership in a lease. In a lease, right of possession is transferred instead
of the right of ownership. Transferor here is called the lessor and the transferee i.e. the one
enjoying the property for a period is called lessee. Lease is governed by the Transfer of
Property Act, 1882

Transfer of immovable property will take place by transferring it from one person to
another. To make the transfer valid it is very essential that the person should be competent
to make a contract and it should not be forbidden by law.

Lease under Transfer of Property Act, 1882 deals with section 105 to section 117. A lease
can be done only of immovable property. A lease is the enjoyment of immovable property
for a certain period of time or in perpetuity. But, in lease transfer of immovable property is
not absolute like there it is in sale. The right of possession is separated from the right of
ownership.

A lease is not a transfer of ownership of property, but only possession is given for a certain
time. The transferor is called lessor (landlord), and the transferee is called lessee (tenant).
 ESSENTIAL ELEMENTS OF LEASE

The term ‘lease’ is defined under Section 105 of the Act and states as follows –

105. A lease of immovable property is a transfer of a right to enjoy such property, made for
a certain time, express or implied, or in perpetuity, in consideration of a price paid or
promised, or of money, a share of crops, service or any other thing of value, to be rendered
periodically or on specific occasions to the transferor by the transferee, who accepts the
transfer on such terms.

Thus, a lease of an immovable property is a contract between two principal parties the
lessor and the lessee, whereby the lessor creates an interest in favour of the lessee with
regard to property for a specific duration.

The following conditions must be satisfied to constitute a lease:

1) The parties (the lessor and the lessee): In a lease there is always a requirement of
two parties; the parties are respectively called as the lessor and the lessee. Lease
is based on an agreement made by two persons who are competent to contract. A
lessee can be a juristic person that is, a company or a registered firm etc. If a lease
deed is executed by one of the partners of behalf of the firm, the lessee is the firm
not the partner. In the case of, Raunak Ram V. Pishori Singh, the Supreme Court
held that, after the retirement of that particular partner the lease continues to be
exists and there is no subletting by partner in favour of the firm. The firm
continues to be the lessee.
2) The Demise: The Right to enjoy Immovable property: Lease is the transfer of
limited estate. This limited estate which is ‘right of enjoyment’ of property, is
called the demise. So, in lease, the demise is the subject matter of transfer. So, in
the case of Girdhari Singh.V. Megh Lal Pandey 1, it was held that; the essential
characteristic of lease is that the property is occupied and the corpus of which
does not, by reason of the user, disappear.
3)