Transfer of Property Act Section 114A — Relief against forfeiture in certain other cases

CHAPTER V OF LEASES OF IMMOVEABLE PROPERTY — Illustration to clause (f)

General

Summary

If a lease ends because the landlord has the right to re-enter the property due to a breach of a specific condition in the lease, the landlord cannot file a lawsuit to evict the tenant unless they first send a written notice. This notice must clearly state the particular breach that occurred, and if the breach can be fixed, it must ask the tenant to fix it. The landlord can only sue for eviction if the tenant fails to fix the breach within a reasonable time after receiving the notice. This rule does not apply to lease conditions that prohibit the tenant from assigning, subletting, giving up possession, or selling the property, nor to conditions that allow forfeiture for not paying rent.

Official Text

Where a lease of immoveable property has determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing—

(a) specifying the particular breach complained of; and

(b) if the breach is capable of remedy, requiring the lessee to remedy the breach; and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy. Nothing in this section shall apply to an express condition against the assigning, under-letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non-payment of rent.]

Related Judgments

  • VIDYA DROLIA & ORS. vs DURGA TRADING CORPORATION — Supreme Court of India (2019)
  • Maharaj, in his personal capacity as well as; Manager and Karta of Hi vs Brij Mohan Kanodia since deceased by LRs, Govind Prasad Kanodia & Ors — Bombay High Court (Mumbai Principal Seat) (2006)
  • JAMNADAS DHARAMDAS vs DR. J. JOSEPH FERREIRA AND ANR — Supreme Court of India (1980)
  • V. DHANAPAL CHETTIAR vs YESODAI AMMAL — Supreme Court of India (1979)
  • SURESH SHAH vs HIPAD TECHNOLOGY INDIA PRIVATE LIMITED — Supreme Court of India (2020)
  • BRIJ KISHORE GUPTA vs VISHWAMITRA KAPUR — Supreme Court of India (1965)