Azhagananth (Lawyer) 17 May 2023
T. Kalaiselvan, Advocate (Advocate) 17 May 2023
A breach of lease is when one party violates one or more of the conditions specified in that agreement.
As per section 105 of TP Act : A lease of immoveable 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 specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
A lease is a transfer of partial interest (and not absolute interest) in an immovable property and not a transfer of ownership.
If the lessee losses the right to use the property by his own fault, forfeiture is said to take place. Notice is mandatory for the forfeiture.
This clause provides that a lease terminates by forfeiture in the following circumstances:- (a) in the case lessee breaks on express condition which provides that on breach of it, the lessor may re-enter the property, or (b) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself, or (c) the lessee is adjudicated an insolvent and the lease provides that the lessor may reenter on the happening of such event.
Dr J C Vashista (Advocate) 18 May 2023
Is it not repeated query at: