TPA Section 115: Effect of surrender and forfeiture on underleases
Transfer of Property Act, 1882 · Chapter 5: Leases of immovable property
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115. Effect of surrender and forfeiture on under-leases.—The surrender, express or implied, of a lease of immoveable property does not prejudice an under-lease of the property or any part thereof previously granted by the lessee, on terms and conditions substantially the same (except as regards the amount of rent) as those of the original lease; but, unless the surrender is made for the purpose of obtaining a new lease, the rent payable by, and the contracts binding on, the under -lessee shall be respectively payable to and enforceable by the lessor. The forfeiture of such a lease annuls all such under-leases, except where such forfeiture has been procured by the lessor in fraud of the under-lessees, or relief against the forfeiture is granted under section 114.
Official reference: Government of India reference, hosted by Andhra Pradesh High Court — checked: 30 September 2026.Central reference text reproduced from the linked government PDF, with footnotes and separately labelled state amendments left in the original. It includes the 2001/2003 changes and the 2019 territorial-extension note. The checking date is not a certification that every state rule is current. Consult the original schedule, territorial notifications and applicable state law separately.Read the original schedule and amendment notes
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 105. Lease defined
- 106. Duration of certain leases in absence of written contract or local usage
- 107. Leases how made
- 108. Rights and liabilities of lessor and lessee
- 109. Rights of lessor's transferee
- 110. Exclusion of day on which term commences
- 111. Determination of lease
- 112. Waiver of forfeiture
- 113. Waiver of notice to quit
- 114. Relief against forfeiture for non-payment of rent
- 114A. Relief against forfeiture in certain other cases
- 116. Effect of holding over
- 117. Exemption of leases for agricultural purposes