Transfer of Property Act, 1882 | Chapter V - Leases

Section 114A - Relief Against Forfeiture in Certain Other Cases

Section 114A of the Transfer of Property Act, 1882 provides an important safeguard for a lessee where a lease is forfeited for breach of certain express conditions. In cases covered by this section, the lessor must first give a written notice identifying the breach and, where the breach can be remedied, an opportunity to correct it before filing a suit for ejectment.

Section 114A - Statutory provision

Where a lease of immovable property has determined by forfeiture for a breach of an express condition which provides that on breach thereof the lessor may re-enter, no suit for ejectment shall lie unless and until the lessor has served on the lessee a notice in writing-

(a) specifying the particular breach complained of; and

(b) if the breach is capable of remedy, requiring the lessee to remedy the breach;

and the lessee fails, within a reasonable time from the date of the service of the notice, to remedy the breach, if it is capable of remedy.

Nothing in this section shall apply to an express condition against the assigning, under-letting, parting with the possession, or disposing, of the property leased, or to an express condition relating to forfeiture in case of non-payment of rent.

Meaning of relief against forfeiture

Forfeiture means determination of a lease on a ground recognized under Section 111(g), including breach of an express lease condition permitting re-entry. A lessor is the person granting the lease and a lessee is the person to whom the right to enjoy the property is transferred. Section 114A regulates when a suit for ejectment can be instituted after forfeiture for a qualifying breach; it does not dispense with the other legal requirements governing forfeiture.

Conditions before a suit for ejectment

Express condition and re-entry: The lease must contain an express condition providing for the lessor's right of re-entry on breach, and the lease must have determined by forfeiture on that ground.
Written notice: The lessor must serve a written notice specifying the particular breach complained of.
Opportunity to remedy: If the breach is capable of remedy, the notice must require the lessee to remedy it.
Reasonable time: For a remediable breach, the lessee must be allowed a reasonable time after service of notice. A suit is barred under this provision unless the lessee fails to remedy the breach within that period.

The appropriate period depends on the nature of the breach and the surrounding circumstances. Section 114A does not prescribe a uniform number of days.

Exceptions where Section 114A does not apply

The section expressly excludes forfeiture conditions concerning:

Assignment of the lease or leased property interest contrary to an express condition;
Under-letting or sub-letting prohibited by an express condition;
Parting with possession or disposing of the leased property contrary to an express condition; and
Non-payment of rent where an express forfeiture condition applies.

These exclusions mean that the special pre-suit notice and opportunity to remedy under Section 114A are not mandatory by virtue of that section. Other applicable statutory, contractual and procedural requirements must still be considered.

Practical illustration

Suppose a lease expressly permits re-entry if the tenant makes an unauthorized structural alteration. If the alteration constitutes a remediable breach covered by Section 114A, the landlord must serve a written notice identifying it and requiring correction. If the tenant remedies the breach within a reasonable time, an ejectment suit based on that forfeiture cannot proceed on the ground of failure to comply with Section 114A. Whether the breach is remediable and whether forfeiture is otherwise valid depend on the facts and the lease terms.

Section 111(g) deals with determination of a lease by forfeiture and requires written notice of the lessor's intention to determine the lease in the specified cases. Section 112 concerns waiver of forfeiture through specified conduct of the lessor. Section 114 provides for judicial relief against forfeiture for non-payment of rent, subject to its conditions. Section 114A instead addresses the notice and opportunity to remedy required before a suit for ejectment for certain other breaches.

Application and legal considerations

When examining an ejectment claim, the lease deed, the precise condition breached, the notice of forfeiture, the notice required by Section 114A, proof of service, and the lessee's response are material. The distinction between a remediable breach and a breach falling within the statutory exclusions is especially important. Applicable State rent-control legislation, local amendments and special tenancy laws may affect the remedy and must be checked separately.

Official legal resources

For the authoritative statutory text and amendments, consult India Code (Government of India) and the Legislative Department. For reported decisions, consult the Supreme Court of India and the relevant High Court.

This article explains the general statutory position and does not replace examination of the lease, applicable State laws or case-specific legal advice.