A tenant takes possession of a shop under a valid lease for retail use. The lease states no duration,…
Section 106(1) treats this lease as a month-to-month tenancy. The statutory default depends on the purpose of the lease and applies where no contrary contract, local law or…
Choose your answer
A tenant takes possession of a shop under a valid lease for retail use. The lease states no duration, and no contract term, local law or usage supplies a contrary rule. What is the default duration under section 106(1) of the Transfer of Property Act, 1882?
Answer and explanation
Correct answer D
Section 106(1) treats this lease as a month-to-month tenancy. The statutory default depends on the purpose of the lease and applies where no contrary contract, local law or usage governs.
Option feedback
Option A
The tenant entered under a subsisting lease, rather than remaining after its end.
Option B
An unspecified duration does not displace the statutory monthly default.
Option C
Retail use is neither agricultural nor manufacturing use.
Option D
Section 106(1) applies the monthly default to this retail lease.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Bihar Judicial Services
Subject revision