Transfer of Property Act, 1882 · Chapter V: Of Leases of Immoveable Property
Section 105: Lease defined
A lease of immoveable property is a transfer of a right to enjoy such property, made for a certain time, express or implied, or in perpetuity, in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on specified occasions to the transferor by the transferee, who accepts the transfer on such terms.
Lessor, lessee, premium and rent defined.— The transferor is called the lessor, the transferee is called the lessee, the price is called the premium, and the money, share, service or other thing to be so rendered is called the rent.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 15 October 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 105
-
Industries Ltd. v. Union of India [2000] Supp. 4 SCR 44 : (2001) 1
The questions which arose for determination are as to what is the true nature of royalty determined u/s.9 r/w s.15(1) of the Mines and Minerals (Development and Regulation) Act, 1957; whether royalty is in the nature of…
-
M/S Rewa Tollway P. Ltd. v. The State of Madhya Pradesh & Ors.
In view of the subsequent change of policy by the state legislature in light of larger public interest, the appellants were required to pay stamp duty on the Concession Agreement executed under the Build, Operate &…
-
M/S Paul Rubber Industries Pvt. Ltd. v. Amit
To what extent the Court can take cognizance of a clause, relating to purpose for which a lease is granted, contained in an unregistered deed of lease for immovable property stipulating its duration for a period of five…
- Yuvraj @ Munna Pralhad Jagdale & Ors. v. Janardan Subajirao Wide
- New Okhla Industrial Development Authority v. Anand Sonbhadra
- Ramnath Agrawal & Ors. v. Food Corporation of India & Ors.
- State of Meghalaya v. All Dimasa Students Union, Dima-Hasao District Committee & Ors.
- Dr Rs Grewal & Ors. v. Chander Parkash Soni & Anr.
- Dr. H. K. Sharma v. Shri Ram Lal
- Union of India v. Nareshkumar Badrikumar Jagad & Ors.
- Nasiruddin & Anr. Etc. v. The State of Uttar Pradesh Through Secretary & Ors
- Ram Murti Devi v. Pushpa Devi and Others
- Shyam Lal v. Deepa Dass Chela Ram Chela Garib Dass
- Vishal N. Kalsaria v. Bank of India & Ors.
- M/S Shaha Ratansi Khimji & Sons v. Proposed Kumbhar Sons Hotel P. Ltd. & Ors.
- Harshad Govardhan Sondagar v. International Assets Reconstruction Co. Ltd.
- Mangal Amusement Park (P) Ltd. & Anr. v. State of Madhya Pradesh & Others
- Ahmedsaheb (D) by Lrs. & Ors. v. Sayed Ismail
- Banatwala & Company v. L.L.C. of India & Anr.
- Pradeep Oil Corporation v. Municipal Corporation of Delhi and Anr.
- Bharat Petroleum Corporation Ltd. v. Chembur Service Station
- New Okhla Industrial Development Authority (Noida) v. Army Welfare Housing Organization & Ors.
- Ms. Celina Coelho Pereira & Ors. v. Ulhas Mahabaleshwar Kholkar & Ors.
- The New Bus Stand Shop Owners Association v. Corporation of Kozhikode & Anr.
- M/S. Residents Welfare Association, Noida v. State of U.P. & Ors.
- Babulal Badriprasad Varma v. Surat Municipal Corporation & Ors.
- Narain Prasad Aggarwal (D) by Lrs. v. State of M.P.
- M/S. Hotel Kings and Ors. v. Sara Farhan Lukmani and Ors.
- Municipal Corporation Chandigarh and Ors. Etc. v. M/S Shantikunj Investment Pvt. Ltd.
- Prasad Technology Park Pvt. Ltd. v. Sub-Registrar and Ors.
- State.Of H.P. and Ors. v. Gujarat Ambuja Cement Ltd. and Anr.
- Pramod Kumar Jaiswal and Ors. v. Bibi Husn Bano and Ors.
- M/S. Mahendra Saree Emporium v. G.V. Srinivasa Murthy
- Chandy Varghese and Ors. v. K. Abdul Khader and Ors.
- The Corporation of Calicut v. K. Sreenivasan
- The Quarry Owners Association Etc. v. The State of Bihar and Ors.