Ranjan Kumar Das
Asked September 15, 2016

Expiration of Lease deed

  • 1 Answer

lease deed valid 45 days but the time is passed 3 year now what can i do this matter.

Answer 1

Sir/ Ma’am,

There can be two forms of lease. One where the time period of the lease is predetermined, as in your case. The other case is when the time period is not predetermined. In such a case, it is to be considered as a year by year contract which has to be renewed every year (S. 106, The Transfer of Property Act, 1882).

In this case, the time period of lease was determined to be 45 days. There is a simple solution to this problem. Since it was a contractual agreement and the time period has elapsed, the only course of action is to file a suit for ejection in the Court. However, there is a contingency involved. If after the expiry of the contract, the lessee pays rent to the lessor and he accepts it, then the contract is renewed again on a yearly basis (S. 112, The Transfer of Property Act, 1882).

So if you are the lessor here, you don’t have much claim to retain the property unless, you have done some act in consensus with S. 112 of the above mentioned Act.

And if you are the lessor, file an ejection suit against the lessee. The decree is likely to be in your favour unless the lessee can prove his case under S. 112 of the said Act.

Agree Comment 0 Agrees over 5 years ago

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