Property 6th Sem

Made By-1. Chanda Tehlan(00216503811) B.A,LL.B(6TH Sem.)2.Sumeet(00316503511) B.B.A,LL.B(6TH Sem.)

DefinitionEssential elements of a leaseTypes of leaseLeases in perpetuityDistinction between lease and licenceDistinction between lease and easementDuration of leases in absence of written contractLeading case laws

Section 105 in The Transfer of Property Act, 1882105. Lease defined.A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms. Lessor, lessee, premium and rent defined.The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.A lease is an agreement whereby the lessor conveys to the lessee in return for a payment or series of payments the right to use an asset for an agreed period.

The Parties: Both parties i.e,lessor and the lessee must be competent to contract.A lease cannot be created be created without any express or implied contract between two parties.

Subject-matter: The subject-matter of a lease must be immovable property.

Duration: The right to enjoy the property must be transferred for a certain time or in perpetuity.

Consideration: The consideration is either premium or rent. Premium is the price paid or promised to be paid in lump sum.

On the basis of quality of interest of transferor:-1. Absolute lease2. Derivative lease

Absolute lease is granted by a person who has an absolute right over the property. It can be granted for any number of years.Derivative lease is granted by a person who himself has a limited interest in the property.

On the basis of duration:-1. Lease for a specific time2.Periodic lease3.Lease in perpetuity

It is lease of permanent nature. In India, such leases created either by an express grantor or by a presumed grant. Such leases are generally agricultural leases or that leases executed before the enactment of T.P Act. The burden of proving perpetuity of tenancy is on the tenant. He is to prove the existence, the nature and the extent of the interest which the owner has granted to him.

A lease or a licence is a contractual agreement between Council (lessor or licensor) and another party (lessee or licensee) that binds both parties to the terms of the Agreement.

Lease A Lease is a transfer of right to enjoyment (exclusive possession) of that property by the lessor the lessee, made for a certain term in consideration of a fee subject to the terms set out in the lease agreement. A lease grants exclusive possession for a fixed period (term). A lease creates an interest in the land which can be transferred to the lessee for the period of the lease. A lease can be transferred (assigned) to another party and if registered on the title is binding on a new owner of the land. A lease is not revocable (other than subject to any conditions set out in the lease (e.g. a redevelopment clause)

Licence A Licence is the granting of a permission to use the land in consideration of a fee subject to the conditions set out in the licence A licence does not grant exclusive possession. A licence does not create or transfer an interest in the land. A licence is not transferable. A licence is revocable.

By a lease the owner of the land retains his ownership but parts with possession. The lessee is entitled to possess the land to the exclusion of all others. But by granting of an easement the owner of the land retains not only his ownership but also his possession.

In absence of a contract a lease of immovable property for agricultural or manufacturing purposes shall be deemed to a lease from year to year, terminable, by six months notice expiring with the end of a year of the tenancy.Lease of immovable property for any other purpose shall be deemed to b a lease from month to month, terminable, by fifteen days notice expiring with the end of a month of the tenancy.Every notice must be in writing, signed by or on behalf of the person giving.Section 106 enables both the lessor and lesse to work out a plan for themselves.Case- Ram kumar das vs. Jagdish chandra(1952 SCR 269) SC held sec 106 lays down a rule of construction which is to b applied when there is no period agreed upon between the parties.

Associated hotes vs. R.N.Kapoor (AIR 1962 SC 1262)Quality cut pieces vs. M lakshmi and co.(AIR 1986 BOMB. 359)Delta int ltd. Vs. S.S Ganeriwalla(AIR 1999 SC 2607)B.V Dsouza vs. A.F Fernandes (AIR 1989 SC 1816)