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Under Section 111 of the Transfer of Property Act, 1882, may a lease of immovable property be…

Section 111(a) of the Transfer of Property Act, 1882 provides that a lease determines when its fixed term expires. A notice to quit under section 106 or a decree terminating…

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Under Section 111 of the Transfer of Property Act, 1882, may a lease of immovable property be determined by efflux of time?

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Answer and explanation

Correct answer A

Section 111(a) of the Transfer of Property Act, 1882 provides that a lease determines when its fixed term expires. A notice to quit under section 106 or a decree terminating the lease is unnecessary for that mode of determination. A tenancy by holding over under section 116 requires the lessor’s assent and is a separate question.

Option feedback

Option A

Correct. Expiry of the period fixed by the lease is a mode of determination under section 111(a).

Option B

Incorrect. Section 111(a) operates on expiry of the term without a decree determining the lease.

Option C

Incorrect. The proposition that a lease must continue is inconsistent with section 111(a).

Option D

Incorrect. A notice to quit is unnecessary for expiry itself. Section 116 deals separately with holding over with the lessor’s assent.

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