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Under the Transfer of Property Act, 1882, which of the following is not a valid mode of determination…

Under Section 111 of the Transfer of Property Act, 1882, a lease of immovable property determines, inter alia, by efflux of the time limited thereby (clause (a)), by the…

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Under the Transfer of Property Act, 1882, which of the following is not a valid mode of determination of a lease?

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Answer and explanation

Correct answer D

Under Section 111 of the Transfer of Property Act, 1882, a lease of immovable property determines, inter alia, by efflux of the time limited thereby (clause (a)), by the happening of a conditional event on which such time is limited (clause (b)), and by implied surrender (clause (f)). However, under the third paragraph of Section 110 of the Transfer of Property Act, 1882, where the time so limited is expressed to be terminable before its expiration, and the lease omits to mention at whose option it is so terminable, 'the lessee, and not the lessor, shall have such option.' Therefore, unilateral termination by the lessor in that situation is not a valid determination of the lease.

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Option A

Incorrect (this is a valid mode of determination). 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 (this is a valid mode of determination). Under Section 111(f) of the Transfer of Property Act, 1882, a lease of immovable property determines by implied surrender.

Option C

Incorrect (this is a valid mode of determination). Under Section 111(b) of the Transfer of Property Act, 1882, where the time is limited conditionally on the happening of some event, a lease determines by the happening of such event.

Option D

Under the third paragraph of section 110, if the lease allows early termination but does not name the party who can exercise the option, that option belongs to the lessee.

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