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Section 114A - Relief against forfeiture in certain other cases : Transfer of Property Act, 1882

What is Relief against forfeiture in certain other cases? Section 114A of Transfer of Property Act, 1882

 

Section 114A of Transfer of Property Act 1882 : "Relief against forfeiture in certain other cases"

114A. 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.

 

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