Rights and liabilities of lessor and lessee
Section 108 of the Transfer of Property Act, 1882 deals with rights and liabilities of lessor and lessee. In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them as are applicable to the property leased:- The Act came into force on 01 Jul 1882.
In the absence of a contract or local usage to the contrary, the lessor and the lessee of immoveable property, as against one another, respectively, possess the rights and are subject to the liabilities mentioned in the rules next following, or such of them as are applicable to the property leased:--
(A) Rights and liabilities of the lessor
(a) the lessor is bound to disclose to the lessee any material defect in the property, with reference to its intended use, of which the former is and the latter is not aware, and which the latter could not with ordinary care discover:
(b) the lessor is bound on the lessee's request to put him in possession of the property:
(c) the lessor shall be deemed to contract with the lessee that, if the latter pays the rent reserved by the lease and performs the contracts binding on the lessee, he may hold the property during the time limited by the lease without interruption.
The benefit of such contract shall be annexed to and go with the lessee's interest as such, and may be enforced by every person in whom that interest is for the whole or any part thereof from time to time vested;
(B) Rights and liabilities of the lessee
(d) if during the continuance of the lease any accession is made to the property, such accession (subject to the law relating to alluvion for the time being in force) shall be deemed to be comprised in the lease:
(e) if by fire, tempest or flood, or violence of an army or of a mob, or other irresistible force, any material part of the property be wholly destroyed or rendered substantially and permanently unfit for the purposes for which it was let, the lease shall, at the option of the lessee, be void:
Provided that, if the injury be occasioned by the wrongful act or default of the lessee, he shall not be entitled to avail himself of the benefit of this provision:
(f) if the lessor neglects to make, within a reasonable time after notice, any repairs which he is bound to make to the property, the lessee may make the same himself, and deduct the expense of such repairs with interest from the rent, or otherwise recover it from the lessor:
(g) if the lessor neglects to make any payment which he is bound to make, and which if not made by him, is recoverable from the lessee or against the property, the lessee may make such payment himself, and deduct it with interest from the rent, or otherwise recover it from the lessor:
(h) the lessee may 1[even after the determination of the lease] remove, at any time 2[ whilst he is in possession of the property leased but not afterwards,] all things which he has attached to the earth:
provided he leaves the property in the state in which he received it:
(i) when a lease of uncertain duration determines by any means except the fault of the lessee, he or his legal representative is entitled to all the crops planted or sown by the lessee and growing upon the property when the lease determines, and to free ingress and egress to gather and carry them:
(j) the lessee may transfer absolutely or by way of mortgage or sub-lease the whole or any part of his interest in the property, and any transferee of such interest or part may again transfer it. The lessee shall not, by reason only of such transfer, cease to be subject to any of the liabilities attaching to the lease:
nothing in this clause shall be deemed to authorise a tenant having an untransferable right of occupancy, the farmer of an estate in respect of which default has been made in paying revenue, or the lessee of an estate under the management of a Court of Wards, to assign his interest as such tenant, farmer or lessee:
(k) the lessee is bound to disclose to the lessor any fact as to the nature or extent of the interest which the lessee is about to take, of which the lessee is, and the lessor is not, aware, and which materially increases the value of such interest:
(l) the lessee is bound to pay or tender, at the proper time and place, the premium or rent to the lessor or his agent in this behalf:
(m) the lessee is bound to keep, and on the termination of the lease to restore, the property in as good condition as it was in at the time when he was put in possession, subject only to the changes caused by reasonable wear and tear or irresistible force, and to allow the lessor and his agents, at all reasonable times during the term, to enter upon the property and inspect the condition thereof and give or leave notice of any defect in such condition; and, when such defect has been caused by any act or default on the part of the lessee, his servants or agents, he is bound to make it good within three months after such notice has been given or left:
(n) if the lessee becomes aware of any proceeding to recover the property or any part thereof, or of any encroachment made upon, or any interference with, the lessor's rights concerning such property, he is bound to give, with reasonable diligence, notic e thereof to the lessor:
(o) the lessee may use the property and its products (if any) as a person of ordinary prudence would use them if they were his own; but he must not use, or permit another to use, the property for a purpose other than that for which it was leased, or fell 1[or sell] timber, pull down or damage buildings 1[belonging to the lessor or] work mines or quarries not open when the lease was granted, or commit any other act which is destructive or permanently injurious thereto:
(p) he must not, without the lessor's consent, cerrect on the property any permanent structure, except for agricultural purposes:
(q) on the determination of the lease, the lessee is bound to put the lessor into possession of the property.
Section 108, The Transfer of Property Act, 1882 (Act 4 of 1882).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 10
- Assam State Housing Board Act s. 54
- Assam Urban Areas Rent Control Act s. 6 Bar against passing and execution of orders
- Gujarat Rents, Hotel and Lodging House Rates Control Act s. 13
- Jharkhand State Housing Board Act 2000 s. 59 Summary procedure for eviction and recovery of rents
- Maharashtra Rent Control Act s. 16 When landlord may recover possession
- Manipur State Housing Board Act s. 51
- West Bengal Premises Rent Control ( Temporary Provisions ) Act s. 12
- West Bengal Premises Rent Control ( Temporary Provisions ) Act s. 11
- West Bengal Premises Tenancy Act s. 13
- West Bengal Premises Tenancy Act s. 6
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Raghuram Rao vs Eric P. Mathias
Court's Decision & Legal Precedent
In a perpetual lease deed containing an express condition restraining alienation of the property, the condition must be strictly construed as stated. Unless the condition expressly prohibits partial alienation or uses language covering parts of the property ('any part', 'whole or part', etc.), the forfeiture clause cannot be invoked for partial transfers of the leasehold property. The principle of strict construction of forfeiture clauses operates against the person seeking to enforce them. Additionally, the lessee and their heirs are necessary parties to any suit for forfeiture, as the privity of contract exists between lessor and lessee, not between lessor and the assignees of the lessee's interest. The continued liability of the lessee under Section 108(j) of the Transfer of Property Act means the lessee cannot be dropped from the suit merely because they have transferred their interest.
On this section: Applied to establish that a lessee does not cease to be subject to lease liabilities merely by transferring interest, thus establishing that lessee remains necessary party to forfeiture proceedings.
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Gurubachan Singh vs Ram Niwas
Court's Decision & Legal Precedent
When a tenant transfers exclusive possession of leased premises to a third party for a definite period in consideration of rent payment, and the third party exercises exclusive control over the premises during that period with the tenant having no control whatsoever, such transfer constitutes subletting within the meaning of Section 13(1)(e) of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950, regardless of whether the tenant claims the arrangement was temporary or for accommodation purposes. The essential elements of subletting are: (1) transfer of exclusive possession, (2) receipt of consideration (rent), and (3) absence of tenant's control during the subletting period. Concurrent findings of fact by trial court, appellate court, and high court on the question of subletting cannot be interfered with by the Supreme Court in an appeal under Article 136 of the Constitution.
On this section: Provision regarding tenant's right to sublet; Court held that even if tenant had right to sublet under this section, subletting without landlord permission under rent control act is not protected
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 108
What have the courts held on Section 108 of the Transfer of Property Act?
Raghuram Rao vs Eric P. Mathias (30 Jan 2002) is the leading judgment on this section among those set out below: Applied to establish that a lessee does not cease to be subject to lease liabilities merely by transferring interest, thus establishing that lessee remains necessary party to forfeiture proceedings. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2002 to 2006.
How do I find court cases under Section 108 of the Transfer of Property Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: TP Act 108, section 108 TP Act, section 108 of the Transfer of Property Act. People searching for it also type 108 tpa act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Raghuram Rao vs Eric P. Mathias (30 Jan 2002).
What should I read with Section 108 of the Transfer of Property Act, and has it changed?
10 other provisions in this corpus refer back to it.
When did Section 108 of the Transfer of Property Act come into force?
Section 108 of the Transfer of Property Act, cited as TP Act 108, came into force on 01 Jul 1882, having been enacted on 17 Feb 1882. It is in force as at the date shown on this page.
Other sections of this Act
- 55. Rights and liabilities of buyer and seller1096 words
- 69A. Appointment of receiver892 words
- 3. Interpretation-clause658 words
- 35. Election when necessary614 words
- 58. Mortgage , mortgagor , mortgagee , mortgage-money and mortgage- deed defined554 words
- 76. Liabilities of mortgagee in possession533 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.