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Thread: Q. What is lease? discuss the rights and liabilities of lessor and lease. (2002)

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    Word Icon 35px Jpg.ashx Q. What is lease? discuss the rights and liabilities of lessor and lease. (2002)

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    1. Introduction:
    A lease is a transfer of a right to enjoy the property of lessor is put in possession of the property. the rights of ownership are not passed on the transferee. there is only transfer of right of enjoyment in lease.
    2. Relevant provisions:
    Sec, 105, 107, 108 transfer of property act.
    3. Determination of rights and liabilities of parties of lease:
    The rights and liabilities of parties of lease determined by.
    (i) Contract.
    (ii) Local usage.
    4. Duties of leassor:
    (i) Duty to disclose material defect :

    It is the duty of the lessor to leasee to disclose material defect which can cause any injury to any person or property.
    (ii) Duty to give possession:
    The lessor is bound to give possession on the lessee is request otherwise he cannot enforce the obligation of lease.
    (iii) Duty to secure possession:
    If lease is performing his part of contract than it is duty of lessor to secure possession so that leasee can take the possession during any time of lease.
    (iv) Duty to pay repair money:
    It is the duty of the lessor to pay the money to lesee which was spent by lesee on the property.
    (v) Duty to give other expenses:
    If lesee has spent any other money for the maintenance of lease property then lessor is dduty bound to give maintenance to the lesee.
    (vi) Duty not to interrupt the enjoyment:
    It is the duty of lessor that to interrupt the enjoyment of property.

    5. Rights of lessor:
    Following are the rights of lessor.
    (i) Right of information of incerasing rent:
    Lessor has right of information of any material change which could enhance the value of property of lessor.
    (ii) Right to receive rent:
    Lesee is bound to give rent or premium at property time and place.
    (iii) Right of restoration of property:
    It is the duty of lesee to restore property in the same position during lease and on the termination return it to lessor in the same form as was at the time of possession.
    (iv) Right of information of assailing of title by stranger:
    It is right of lessor to have information of assailing of title by stranger.
    (v) Right to re-enter:
    Lessor can re-enter into his property.
    (vi) Right to eject tresspasser:
    It is the right of lessor to eject the trepasser.
    (vii) Right to terminate the lease:
    It is the right of lessor to terminate the lease for this purpose he can issue notice to the lessee.
    6. Duties of lessee:
    Following are the duties of lessee.
    (i) Duty to disclose the martial fact:
    It is the duty of lesee to disclose material fact to lessor which could enhance the value of lease property.
    (ii) Duty to pay rent:
    It is the duty of lesee to pay rent at proper time and place.
    (iii) Duty to inform about assailing of title:
    It is the duty of lessee that if a stranger asserts the title of lessor's property to inform the lessor.
    (iv) Duty not to commit waste:
    Lesee should not commit any waste in regard of lease property.
    (v) Duty not to erect permanent structure:
    It is the duty of lessor not to erect permanent structure except for the purpose of lease.
    (vi) Duty to protect the property:
    It is duty of lesee to protect the lease property and sue the property as man of ordinary prudence.
    (vii) Duty to use lease property for same purpose:
    It is duty of lesee to use lease property for the purpose for which it is lease out.
    7. Rights of lesee:
    Following are the rights of lesee.
    (i) Right of accession:
    He has right of accession whether natural or other. this right can be exercise during the period of lease.
    (ii) Right to avoid lease:
    Where the lease property is unfit for lease the lesee can avoid the lease.
    (iii) Right to charge for repair:
    If lesee repairs the property he has a right to charge for the repairs.
    (iv) Right to change for other payment:
    Lesee has a right if he made any reasonable payment in respect of lease property he is entitled for the payment.
    (v) Right to transfer interest:
    The lesee may transfer absolutely or by way of mortgage or sublease the whole or any part of his interest in the property.
    (vi) Right to take crops:
    If in lease of uncertain duration the lesee or his legal heirs are entitled to all crops.
    (vii) Right to take possession:
    It is the right if lease is made, to take possession of such property.
    (viii) Right to remove:
    Lesee has right to remove whilst he is in possession of property leased out, the things which he had attached to earth.
    (ix) Right to terminate the lease:
    Lesee has right to terminate the contract of lease. if the subject matter has been destroyed.
    8. Conclusion:
    To conclude I can say there is transfer of right of enjoyment in lease. the contract of lease creates rights and liabilities on both parties i. e the lessor and lesee.

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