Determination of lease
Section 111 of the Transfer of Property Act, 1882 deals with determination of lease. A lease of immoveable property determines-- (a) by efflux of the time limited thereby: (b) where such time is limited conditionally on the happening of some event--by the happening of such event: (c) where the interest of the lessor in the property terminates on, or his power to dispose of the same The Act came into force on 01 Jul 1882.
A lease of immoveable property determines--
(a) by efflux of the time limited thereby:
(b) where such time is limited conditionally on the happening of some event--by the happening of such event:
(c) where the interest of the lessor in the property terminates on, or his power to dispose of the same extends only to, the happening of any event--by the happening of such event:
(d) in case the interests of the lessee and the lessor in the whole of the property become vested at the same time in one person in the same right:
(e) 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:
(f) by implied surrender:
(g) by forfeiture; that is to say, (1) in case the lessee breaks an express condition which provides that, on breach thereof, the lessor may re-enter 1***; or (2) in case the lessee renounces his character as such by setting up a title in a third person or by claiming title in himself; 2[or (3) the lessee is adjudicated an insolvent and the lease provides that the lessor may re-enter on the happening of such event]; and in 3[any of these cases] the lessor or his transferee 4[gives notice in writing to] the lessee of his intention to determine the lease:
(h) 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.
Illustration to clause (f)
A lessee accepts from his lessor a new lease of the property leased, to take effect during the continuance of the existing lease. This is an implied surrender of the former lease, and such lease determines thereupon.
Section 111, 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 2
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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Sevoke Properties Pvt. LTD vs West Bengal State Eletrictiy Distribution Company Limited
Court's Decision & Legal Precedent
When an unregistered lease agreement for a term exceeding one year is expressly admitted by the tenant in its written statement to have been for a specific term that has expired, the lease determines by efflux of time under Section 111(a) of the Transfer of Property Act without requiring a formal notice under Section 106. The tenant's status upon expiration of the admitted term becomes that of tenant at sufferance, and the filing of an eviction suit itself constitutes sufficient notice to quit. Therefore, no separate notice under Section 106 is mandatory for maintaining an eviction suit in such circumstances.
On this section: Lease of immovable property determines by efflux of time limited thereby. Applied to hold that when tenant admits specific 15-year term, lease automatically determined on expiration of that term.
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Vidya Drolia vs Durga Trading Corporation
Court's Decision & Legal Precedent
Landlord-tenant disputes under the Transfer of Property Act are arbitrable. At the referral stage (Sections 8 and 11), the court must only perform a prima facie review to check if an arbitration agreement exists and is valid; all debatable questions of non-arbitrability must be left to the Arbitral Tribunal.
On this section: Determined that the Act doesn't bar arbitration for non-protected tenancies.
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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: Interpreted to establish that forfeiture requires breach of an express condition and that the Amendment Act of 1929 changed notice requirements but was not retroactive to pre-1929 leases.
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… This Court in the case of Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., (1976) 3 SCC 660 considered the scope of clauses (e) and (f) of Section 111 of the TP Act and laid down the following principle in Para 19 as under. "19. A surrender under clauses (e) and (f) of [section 111](https://indiankanoon.org/doc/1134872/) of the Transfer of Property Act, is an yielding up of the term of the lessee's interest to him who has the immediate reversion or the …
Questions about Section 111
What have the courts held on Section 111 of the Transfer of Property Act?
Sevoke Properties Pvt. LTD vs West Bengal State Eletrictiy Distribution Company Limited (11 Apr 2019) is the leading judgment on this section among those set out below: Lease of immovable property determines by efflux of time limited thereby. Applied to hold that when tenant admits specific 15-year term, lease automatically determined on expiration of that term. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2002 to 2020.
How do I find court cases under Section 111 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 111, section 111 TP Act, section 111 of the Transfer of Property Act. People searching for it also type 111g tpa. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Sevoke Properties Pvt. LTD vs West Bengal State Eletrictiy Distribution Company Limited (11 Apr 2019).
What should I read with Section 111 of the Transfer of Property Act, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 111 of the Transfer of Property Act come into force?
Section 111 of the Transfer of Property Act, cited as TP Act 111, 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
- 108. Rights and liabilities of lessor and lessee1030 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
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 15 Oct 2026. This page is not a substitute for legal advice.