Sections 114-114A explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
A lease that ends by forfeiture is not always the end of the tenant's rights. Section 114 lets the Court relieve a tenant who ended up forfeited for unpaid rent if he pays what is due. Section 114A requires a landlord to give a written notice specifying the breach before suing for ejectment in other cases of forfeiture. This is explained as per the text of the Act consulted.
Section 114: where a lease has determined by forfeiture for non-payment of rent and the lessor sues to eject, the Court may, instead of a decree for ejectment, relieve the lessee if at the hearing he pays or tenders the rent in arrear, interest and his full costs of the suit, or gives security the Court thinks sufficient for payment within fifteen days. Section 114A: for forfeiture for breach of an express re-entry condition, no ejectment suit lies until the lessor has served a written notice specifying the breach and, if it can be remedied, requiring the lessee to remedy it, and the lessee has failed to do so within a reasonable time.
Source note
The text consulted is a publisher's print of the Act showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003); later amendments should be checked. Section 114A is printed inside square brackets, which marks inserted or substituted wording. How forfeiture arises is in our article on section 111, and how a landlord can waive it is in our article on sections 112 and 113.
If a lease dispute has reached the stage of a forfeiture claim or a suit, our legal dispute resolution service can help you plan the next step.
Section 114: relief for non-payment of rent
When it applies
The section applies where:
- a lease of immovable property has determined by forfeiture for non-payment of rent; and
- the lessor sues to eject the lessee.
What the lessee must do
At the hearing of the suit, the lessee must either:
- pay or tender to the lessor the rent in arrear, together with interest on it and his full costs of the suit; or
- give such security as the Court thinks sufficient for making that payment within fifteen days.
What the Court may do
The Court may, in lieu of making a decree for ejectment, pass an order relieving the lessee against the forfeiture. The word is "may", so relief is at the Court's discretion. If it is granted, the lessee holds the property leased as if the forfeiture had not occurred.
| Element | Section 114 |
|---|---|
| Ground of forfeiture | Non-payment of rent |
| Stage | At the hearing of the lessor's ejectment suit |
| What the lessee offers | Arrears + interest + full costs, or security for payment within fifteen days |
| Court's power | May relieve instead of decreeing ejectment |
| Result | Lessee holds as if no forfeiture occurred |
The text gives no rate of interest and no amount of costs; these are for the Court on the facts.
Section 114A: notice before suing for other breaches
When it applies
Where a lease has determined by forfeiture for a breach of an express condition which provides that, on breach, the lessor may re-enter, no suit for ejectment lies 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 it,
and the lessee fails, within a reasonable time from the date of service, to remedy the breach, if it is capable of remedy.
So the lessor's notice does two jobs: it names the breach, and, if the breach can be put right, it asks for it to be put right. The suit is open only after the lessee has had a reasonable time and has not remedied it. The text does not define a "reasonable time".
What the section does not cover
The last paragraph says nothing in section 114A applies to:
- an express condition against assigning, under-letting, parting with the possession, or disposing of the property leased; or
- an express condition relating to forfeiture in case of non-payment of rent.
For non-payment of rent, therefore, the relevant section is 114, not 114A.
| Kind of breach | Governing section | What the text requires |
|---|---|---|
| Non-payment of rent | 114 | Relief possible at the hearing if arrears, interest and costs are paid or secured |
| Breach of an express re-entry condition, other than the excluded kinds | 114A | Written notice specifying the breach, requiring remedy if remediable; reasonable time to remedy before the suit |
| Condition against assigning, under-letting, parting with possession or disposing | Outside 114A | Section 114A does not apply |
Worked examples
Rent default. Lakshmi's lease of a shop to Bhaskar determined by forfeiture for non-payment of rent, and she sues to eject him. At the hearing, Bhaskar pays the rent in arrear, interest on it and Lakshmi's full costs of the suit. Section 114 allows the Court, instead of passing a decree for ejectment, to relieve him against the forfeiture, and he then holds the shop as if the forfeiture had not occurred. If he could not pay on the spot, he could instead offer security satisfying the Court for payment within fifteen days.
Other breach. Shalini's lease of a workshop to Irfan has an express re-entry condition that he must keep the premises clean of oil and waste. She says he breached it. Before suing, she must serve a written notice specifying the particular breach and, because it can be remedied, requiring him to remedy it. If he cleans up within a reasonable time, she cannot proceed on that breach. If he does not, she may sue.
Practical points
- Landlords: in a non-payment case, expect that the tenant may seek relief at the hearing; in other re-entry cases, send the written notice first and keep proof of service.
- Tenants: act quickly on arrears; the Court's power depends on payment or security at the hearing.
- Draft the notice with care: name the particular breach, state whether it can be remedied and ask for it to be remedied.
- Remember the waiver rules: acceptance of rent after forfeiture can waive it, as explained in the previous article.
- Rent control law may apply separately and is not covered here.
- Costs and Court fees: not stated in this Act.
- Notice drafting tips are in our guide on legal notice format and drafting.
Need help with a forfeiture claim or defence?
Whether you are a landlord who must serve the right notice or a tenant who wants to save a lease, the details of the clause and the timing matter. Our legal dispute resolution team can go through the lease and the papers with you.
Key takeaways
- Section 114 lets the Court relieve a tenant forfeited for non-payment of rent if he pays arrears, interest and full costs at the hearing, or gives security for payment within fifteen days.
- Relief is discretionary, and the lessee then holds as if there had been no forfeiture.
- Under section 114A, a written notice specifying the breach, and requiring remedy if remediable, must precede an ejectment suit for breach of a re-entry condition.
- The lessee must fail to remedy within a reasonable time.
- Section 114A does not apply to conditions against assigning, under-letting, parting with possession or disposing, or to non-payment of rent.
Read next
- Section 111: how a lease comes to an end
- Sections 112 and 113: waiver of forfeiture and of notice to quit
- Sections 115 to 117: under-leases, holding over and agricultural leases
- Legal notice: format, requirements and drafting tips
Disclaimer: Based on a publisher's print of the Transfer of Property Act, 1882 showing amendments up to the Transfer of Property (Amendment) Act, 2002 (3 of 2003), as consulted on 2 October 2026. State amendments, later amendments, stamp duty and registration charges are not covered and should be checked. This article is general information, not legal advice; check the official text before acting.