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Under Section 111 of the Transfer of Property Act, 1882, in which of the following cases does a lease…

Section 111 of the Transfer of Property Act, 1882 enumerates the modes by which a lease of immovable property determines. Under clause (a), it determines by efflux of the…

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Under Section 111 of the Transfer of Property Act, 1882, in which of the following cases does a lease of immovable property NOT determine?

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Correct answer C

Section 111 of the Transfer of Property Act, 1882 enumerates the modes by which a lease of immovable property determines. Under clause (a), it determines by efflux of the time limited thereby; under clause (e), by express surrender; and under clause (g), by forfeiture. Under clause (h), a lease determines 'on the expiration of a notice to determine the lease, or to quit, or of intention to quit, the property leased, duly given by one party to the other.' Thus, a lease does not determine merely on the service of a notice to quit, but only upon the expiration of the notice period.

Option feedback

Option A

Incorrect. Under Section 111(a) of the Transfer of Property Act, 1882, a lease of immovable property determines by efflux of the time limited thereby.

Option B

Incorrect. Under Section 111(e) of the Transfer of Property Act, 1882, a lease of immovable property determines by express surrender, that is to say, in case the lessee yields up his interest under the lease to the lessor by mutual agreement between them.

Option C

Correct. Under Section 111(h) of the Transfer of Property Act, 1882, a lease of immovable property determines on the expiration of a notice to determine the lease, or to quit, or of intention to quit, duly given by one party to the other—not merely upon the service of the notice to quit.

Option D

Incorrect. Under Section 111(g) of the Transfer of Property Act, 1882, a lease of immovable property determines by forfeiture in the specified statutory circumstances coupled with the lessor's written notice of intention to determine the lease.

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