Section 108 The Indian Contract Act, 1872
Section 108 of the Indian Contract Act, 1872 relates to “Rights and duties of lessor and lessee” under the chapter on leases of immovable property. However, it's important to note:
🔴 Section 108 is not part of the Indian Contract Act, 1872.
✅ It actually belongs to the Transfer of Property Act, 1882.
✅ Correct Reference:
Section 108 – Transfer of Property Act, 1882
Title: Rights and liabilities of lessor and lessee
This section lays down the mutual rights and responsibilities of a lessor (landlord) and a lessee (tenant) in a lease agreement, unless otherwise agreed.
🔹 Key Provisions (Brief Overview):
Section 108 is divided into two parts:
A. Rights and Liabilities of the Lessor:
Disclosure of Material Defects – Lessor must disclose defects he knows about.
Right to Give Possession – Lessor must ensure the lessee can enjoy the leased property peacefully.
Covenant for Quiet Enjoyment – The lessee should not be disturbed in his possession.
B. Rights and Liabilities of the Lessee:
Duty to Pay Rent.
Use of Property – For the purpose agreed and not in a damaging manner.
Right to Repairs – Lessee can make urgent repairs and deduct from rent (with notice).
Right to Remove Fixtures (if permitted).
Return of Possession – After termination, lessee must return the property.
⚖️ Case Example:
Mohd. Noor vs Mohd. Ibrahim (1994): The court held that a lessee has the right to peaceful enjoyment of the leased property, and the lessor cannot interfere unless legally permitted.
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