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1The Transfer of Property Act, 1882

( ACT NO. IV OF 1882 )

Chapter V

OF LEASES OF IMMOVEABLE PROPERTY

Determination of lease
111. 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; 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; 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 any of these cases the lessor or his transferee 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 of 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.

  • 1
    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government” and “Tk.” were substituted, for the words “Pakistan”, “Central Government” or “Provincial Government” and “Rs.” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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